Mississippi Central Railroad v. Butler
Mississippi Supreme Court
Prom the circuit court of Jefferson Davis county. Hon. Wiley IT. Potter, Judge. Butler, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Prom a judgment in plaintiff’s favor the railroad company appealed to the supreme court. Plaintiff sued to recover damages, $225, the alleged value of a mare killed upon the defendant’s railroad track.
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Prom the circuit court of Jefferson Davis county. Hon. Wiley IT. Potter, Judge. Butler, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Prom a judgment in plaintiff’s favor the railroad company appealed to the supreme court. Plaintiff sued to recover damages, $225, the alleged value of a mare killed upon the defendant’s railroad track. The declaration set forth that the animal, without fault of plaintiff, strayed upon the railroad track “at or near the corporate limits of the town of Prentiss; and the defendant company, by its agents and…
1Opinion of the CourtWhitfield, C. J.
The animal in this case was killed outside the limits of the town of Prentiss. The declaration in the case is broad enough,, if the evidence supported it, to warrant recovery upon negligence on other grounds than the excessive rate of speed through the town of Prentiss. ,"We say, if the evidence warranted it, because we do not intimate any opinion as to whether the plaintiff was or was not entitled to recovery on any other ground.
The counsel for appellee, however, on this appeal, rests his right to recover exclusively on the fact that the appellant was running its train through the town of…
2Cited by3 opinions
- Hinds v. MooreMississippi Supreme Court · 1920
- Louisville & Nashville Railroad v. DickMississippi Supreme Court · 1909
- New Orleans & N. E. R. v. MartinMississippi Supreme Court · 1921