Legal Opinion

Alabama & Vicksburg Railway Co. v. McAfee

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 8 opinions

From the circuit court of Rankin county. Hon. A. G-. Mayers, Judge. .Appellee, an unlettered negro, who lived at Brandon, purchased of appellant an excursion ticket from that place to Jackson and return. He was left by the passenger-train at Jackson, ancT, seeing a freight-train of appellant about ready to leave in the direction of Brandon, he arranged with the crew to take passage home thereon, agreeing to work in lieu of paying fare.

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From the circuit court of Rankin county. Hon. A. G-. Mayers, Judge. .Appellee, an unlettered negro, who lived at Brandon, purchased of appellant an excursion ticket from that place to Jackson and return. He was left by the passenger-train at Jackson, ancT, seeing a freight-train of appellant about ready to leave in the direction of Brandon, he arranged with the crew to take passage home thereon, agreeing to work in lieu of paying fare. He assisted in unloading freight at Pearson, an intermediate station where the train stopped, and rendered some other service on the way. After the train left…

1Opinion of the CourtCampbell, C. J.

On the testimony of the plaintiff himself the verdict should have been for the defendant. He shows that he fell among thieves, and, in being robbed, was pushed off the car and hurt. He had made an arrangement with the crew in charge of the train to work his way to Brandon, and suffered wrong at their hands, but he has no claim on the railway company for the wrong resulting from the disastrous consequences of his own venture. The people who wronged him were not serving the company in what they did. The whole thing was an unauthorized arrangement to suit the views of the participants, and not…

2Cited by8 opinions

  1. Illinois Central Railroad v. LathamMississippi Supreme Court · 1894
  2. Hines v. ColeMississippi Supreme Court · 1920
  3. American Ry. Exp. Co. v. WrightMississippi Supreme Court · 1922
  4. Grahn v. I. G.N.R.R. Co.Texas Supreme Court · 1906
  5. Illinois Cent. R. v. GreenMississippi Supreme Court · 1922

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