Nixon v. Illinois Central Railroad
Mississippi Supreme Court
Appeal from the circuit court of Panola county. Hon. N. A. Taylor, judge. Suit by H. L. Nixon and others against the Illinois Central Railroad Company. From a judgment for defendant, the plaintiffs appeal. The facts are fully stated in the opinion of the .court.
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Appeal from the circuit court of Panola county. Hon. N. A. Taylor, judge. Suit by H. L. Nixon and others against the Illinois Central Railroad Company. From a judgment for defendant, the plaintiffs appeal. The facts are fully stated in the opinion of the .court. We have in this state many decisions involving the liability of the railroad company for injuries inflicted by running trains, the most recent of which are probably: N. 0. & N. B. R. Co. v. Brooks, 85 Miss. 269; Y. & M. v. R. R. Co. v. Landrum, 89 Miss. 399; Fuller v.L. C. Railroad Co., 56 So. 783; Billingsley v. I. C. R. R. Co., 790.…
1Opinion of the CourtCook, J.
Sam Nixon was found dead on the railroad right of way about 5:30 o’clock in the morning. He was undoubtedly killed by the running trains of the defendant company. Suit was brought by the next of kin to the deceased, and upon the conclusion of the evidence at the trial the court excluded the evidence, and peremptorily instructed the jury to return a verdict for the defendant, and plaintiffs appeal to this court.
The defendant assumed the burden of proving just how the*killing occurred,, and selected train No. 133 as the one causing it, which train left Memphis, Tenn., at 2:15 o’clock a. m. This…
2Cited by5 opinions
- Yazoo & Mississippi Valley Railroad v. FrazierMississippi Supreme Court · 1913
- New Orleans & Northeastern Railroad v. PhillipsMississippi Supreme Court · 1965
- Payne v. HamblinMississippi Supreme Court · 1921
- Illinois Cent. R. Co. v. RobersonMississippi Supreme Court · 1939
- Illinois Cent. R. v. NixonMississippi Supreme Court · 1915