Legal Opinion

Owens v. Yazoo & Mississippi Valley Railroad

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 3 opinions

From the circuit court of Yazoo county. Hon. Wiley H. Potter, Judge. Jennie Neal Owens, an infant, suing by her mother as. next friend, appellant, was plaintiff in the court below; the railroad' company, appellee, was defendant there. From a judgment, predicted of a peremptory instruction, in defendant’s favor, the plaintiff appealed to the supreme court. The opinion of the court state the facts.

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From the circuit court of Yazoo county. Hon. Wiley H. Potter, Judge. Jennie Neal Owens, an infant, suing by her mother as. next friend, appellant, was plaintiff in the court below; the railroad' company, appellee, was defendant there. From a judgment, predicted of a peremptory instruction, in defendant’s favor, the plaintiff appealed to the supreme court. The opinion of the court state the facts. The evidence shows that there was a general custom of the railroad company to furnish to extra gang foreman and their families camp ears properly fitted up for the purpose of being-used as their…

1Opinion of the CourtWhitfield, C. J.

This action is by Jennie Owens, a minor, about nine years of age at the time of the injury, through her next friend, for $15,-000 damages for an injury charged to have been negligently inflicted upon her by the appellee. At the conclusion of the testimony, the court, upon motion of appellee, excluded the testimony of the plaintiff, and gave a peremptory instruction for the defendant, and this is assigned for error. This case is a very delicately balanced one upon its facts, and therefore a careful statement of the case will be made.

The father of the plaintiff had been a section foreman. He…

2Cases cited2 opinions

  1. St. Joseph & Western Railroad v. WheelerSupreme Court of Kansas · 1886
  2. Bell v. Southern Railway Co.Mississippi Supreme Court · 1905

3Cited by3 opinions

  1. White v. Mississippi Power & Light CompanyMississippi Supreme Court · 1967
  2. Yazoo M.V.R. Co. v. MansfieldMississippi Supreme Court · 1931
  3. Wolford v. Majestic Colleries Co.Court of Appeals of Kentucky · 1921

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