Chicago, St. Louis, & New Orleans Railroad v. Trotter
Mississippi Supreme Court
Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. The appellee purchased a ticket from the agent of the appellant from Winona to Grenada. In attempting to enter, at night, the passenger train at Winona, she fell from the platform, which was in front of the ladies’ car, the fall dislocating her wrist and permanently injuring her arm. The train was not in motion at the time of the accident.
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Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. The appellee purchased a ticket from the agent of the appellant from Winona to Grenada. In attempting to enter, at night, the passenger train at Winona, she fell from the platform, which was in front of the ladies’ car, the fall dislocating her wrist and permanently injuring her arm. The train was not in motion at the time of the accident. She brought this suit against the railroad company for $15,000 damages, alleging that the injury was caused by the negligence of the defendant in not having sufficient lights…
1Opinion of the CourtCooper, J.
The court erred in giving the ninth and tenth instructions for the plaintiff.
A common carrier of goods is an insurer, and proof of injury or loss entitles the sufferer to a recovery, not because this *446is evidence of negligence, but because, whether negligent or not, the carrier is responsible for their safety. In an action by a passenger, it is not sufficient to prove injury alone ; negligence must also be shown, and the burden of proof is upon the plaintiff. Hutch, on Car., sect. 497. As to injuries resulting from causes, which ordinarily exist only by reason of the negligence of the carrier,…
2Cited by9 opinions
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Ott v. State ex rel. LoweryMississippi Supreme Court · 1900
- Goodwin v. Gulf Transport Co.Mississippi Supreme Court · 1984
- Louisville, New Orleans & Texas R. R. v. ConroyMississippi Supreme Court · 1886
- Yazoo & Mississippi Valley Railroad v. HumphreyMississippi Supreme Court · 1903
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