Sledge v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of, second district, Tallahatchie county. ITon. Samuel C. Cook, Judge. Sledge, the appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. The court below held that the plaintiff was guilty of more than mere contributory negligence.
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From the circuit court of, second district, Tallahatchie county. ITon. Samuel C. Cook, Judge. Sledge, the appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. The court below held that the plaintiff was guilty of more than mere contributory negligence. We insist that whether he was or not is a question for the jury. In the case of Stevens v. Railroad Go., 81 Miss., 195 (s.c., 32 South. Eep., 311), the…
1Opinion of the CourtCalhoon, J.
This action is based on Code 1892, § 3549, giving injured persons the right to “recover full damages, without regard to mere contributory negligence,” in cases where the injury results from *570backing cars within fifty feet of a passenger depot, unless preceded by a servant of the railroad company to give warning. This is held not to be available to those suffering because of their own voluntary, deliberate, willful, reckless exposure. Pulliam v. Railroad Co., 75 Miss., 627 (23 South. Rep., 359); A. & V. Ry. Co. v. Jones, 73 Miss., 110 (19 South. Rep., 105; 55 Am. St. Rep., 488). Sledge was an…
2Cases cited2 opinions
- Alabama & Vicksburg Railway Co. v. JonesMississippi Supreme Court · 1895
- Pulliam v. Illinois Central RailroadMississippi Supreme Court · 1898
3Cited by1 opinion
- Payne v. StateMississippi Supreme Court · 1921