Yazoo & Mississippi Valley Railroad v. Frazier
Mississippi Supreme Court
Appeal from the circuit court of Holmes county. Hon. E. V. Hughston, Special Judge. Suit by J. E. Frazier against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The first reversible error committed by the trial court was the failure of the court to grant the peremptory instructidn in favor of the defendant.
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Appeal from the circuit court of Holmes county. Hon. E. V. Hughston, Special Judge. Suit by J. E. Frazier against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The first reversible error committed by the trial court was the failure of the court to grant the peremptory instructidn in favor of the defendant. When, in an action against a railroad company for killing stock on the track, plaintiff’s case rests solely on the statutory presumption of negligence, arising on mere proof of…
1Opinion of the CourtReed, J.
J. E. Frazier brought suit against the Yazoo & Mississippi Valley Railroad Company to recover the value of a mule hilled by a locomotive on the company’s railroad line, and obtained judgment for the full amount claimed, one hundred and seventy-five dollars. Mr. Frazier made out his prima facie case by showing that the mule was hilled by the running of the railroad company’s locomotive. The railroad company then showed by the testimony of the engineer that at the time the mule was struck the engine was pulling a baggage car and two passenger coaches, and was running at the rate of about twenty…
2Cases cited2 opinions
- Nixon v. Illinois Central RailroadMississippi Supreme Court · 1912
- Illinois Central Railroad v. GreavesMississippi Supreme Court · 1897
3Cited by6 opinions
- New Orleans & Northeastern Railroad v. PhillipsMississippi Supreme Court · 1965
- Payne v. HamblinMississippi Supreme Court · 1921
- Mississippi Central R. v. MorrisonMississippi Supreme Court · 1914
- Louisville Nashville Railroad Co. v. MoseleySupreme Court of Alabama · 1955
- New Orleans & N. E. R. v. MartinMississippi Supreme Court · 1921
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