Alabama & Vicksburg Railway Co. v. Groome
Mississippi Supreme Court
From tbe circuit court of Warren county. Hon. John N. Bush, Judge. Groome, appellee, was plaintiff in tbe court below; tbe railway company, appellant, was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. The facts are stated in the opinion of tbe court. The first instruction given for plaintiff invoked the doctrine of "res ipsa loquitur” and the case was made to depend materially on the applicability of that doctrine.
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From tbe circuit court of Warren county. Hon. John N. Bush, Judge. Groome, appellee, was plaintiff in tbe court below; tbe railway company, appellant, was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. The facts are stated in the opinion of tbe court. The first instruction given for plaintiff invoked the doctrine of "res ipsa loquitur” and the case was made to depend materially on the applicability of that doctrine. This we think was. error. The doctrine was wrongfully invoked and had no application to the case. The instruction burdened the…
1Opinion of the CourtSmith, J.
Appellee, an employe of appellant, in the discharge of his duty as such, stepped off of a train of cars of appellant upon a platform extending over a ditch, and between a side and main track of the railroad. When he stepped upon the plank walk, it gave way with him, and threw him against the moving cars, resulting in the injury complained of. Appellant himself made no special examination of the cause of the giving way of the plank walk, but stated that it must have been rotten, or broken, or not nailed. One witness stated that the plank and sill, or sleeper, on which same rested, were not…
2Cases cited4 opinions
- Palmer Brick Co. v. ChenallSupreme Court of Georgia · 1904
- Cody v. Market St. Railway Co.California Supreme Court · 1905
- Potera v. City of BrookhavenMississippi Supreme Court · 1909
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
3Cited by24 opinions
- Burr v. Sherwin Williams Co.California Supreme Court · 1954
- First National Bank v. FordWyoming Supreme Court · 1923
- Pickwick Stages Corp. v. MessingerArizona Supreme Court · 1934
- J. C. Penney Co. v. EvansMississippi Supreme Court · 1935
- Standard Marine Ins. Co., Ltd. v. Traders CompressSupreme Court of Oklahoma · 1915
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