Legal Opinion

Yazoo & M. V. R. v. McNeely

Mississippi Supreme Court

Decided March 15, 1920No. 21101Published

Appeal from the circuit court. of Wilkinson county. Hon. R. E. Jackson, Judge. Suit by Clarence McNeely 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.

1Opinion of the CourtSmith, C. J.

The appellee instituted this action to recover from the appellant damages alleged to have been sustained by him because of the appellant’s negligence. A plea is abatement was interposed by the appellant, and a trial on the issue thereby raised resulted in a judgment for the appellee. The cause proceeded to a trial on the merits, resulting in a judgment exonerating the appellant, from which an appeal to this court was taken and the judgment of the court below was reversed and the cause remanded (McNeely v. Y. & M. V. R. R. Co., 119 Miss. 897, 81 So. 641.); the ground of the reversal being that…

2Cases cited1 opinion

  1. McNeely v. Y. & M. V. R. R.Mississippi Supreme Court · 1919

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