Raiford v. Mississippi Central Railroad
Mississippi Supreme Court
Error to the circuit court of Holmes county. Campbell, J. Plaintiff in error assigned- the folio-wing errors: First, the court below erred in sustaining the demurrer of the defendant, to the evidence; Second, the court below erred in entertaining the demurrer to the'evidence in the cause; Third, the court below erred in giving judgment in favor of the defendants.
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Error to the circuit court of Holmes county. Campbell, J. Plaintiff in error assigned- the folio-wing errors: First, the court below erred in sustaining the demurrer of the defendant, to the evidence; Second, the court below erred in entertaining the demurrer to the'evidence in the cause; Third, the court below erred in giving judgment in favor of the defendants. To run a train at such a rate as to overtake and kill a horse-on the track, that is running under a fright at his full speed, is such gross negligence as will subject the company to damages at the suit of the owner. It is shown by…
1Opinion of the Court
Simrall, J.:
This suit was brought by Raiford, plaintiff in error, against the Mississippi Central Railroad Company, to recover damages for the killing of two mares, the property of Raiford, by the engine and train of the company. The facts are: The animals were killed near Goodman, at night; they were not seen by the engineer until the train was within thirty yards of them ; they were galloping along on the track, the alarm whistle was blown, and the speed of the train, which had been moving about 15 miles an hour, schedule time, was reduced to about 7miles per hour; the train could not be…
2Cases cited5 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Post & Russell v. RobertsonNew York Supreme Court · 1806
- New-Haven Steam-Boat & Transportation Co. v. VanderbiltSupreme Court of Connecticut · 1844
- Mississippi Central Railroad v. MillerMississippi Supreme Court · 1866
3Cited by5 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
- L. R. & F. S. Railway Co. v. FinleySupreme Court of Arkansas · 1881
- M. & O. Railroad v. HudsonMississippi Supreme Court · 1874
- N. O. & N. E. R. v. JonesMississippi Supreme Court · 1886