M. & O. Railroad v. Hudson
Mississippi Supreme Court
Error to the Circuit Court of Colfax County. Hon.. J. A. Orr, Judge. This was an action of trespass on tbe ease, brought by defendant in error, in the circuit court of Colfax county, against the Mobile and Ohio railroad company for $500 damages, for the alleged killing of one horse, the property of the said defendant in error.
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Error to the Circuit Court of Colfax County. Hon.. J. A. Orr, Judge. This was an action of trespass on tbe ease, brought by defendant in error, in the circuit court of Colfax county, against the Mobile and Ohio railroad company for $500 damages, for the alleged killing of one horse, the property of the said defendant in error. The plaintiff, in tbe court below, introduced bis testimony, to which defendant demurred, and the court overruled the demurrer to the testimony, and entered a judgment against the defendants for $220, and costs, from which judgment the ease comes to this court on writ…
1Opinion of the CourtSliiRALL, J.
The killing of an animal of value by a railroad company’s engines, is not ipso fado, evidence of negligence. 1 Red. R R.,466.
In this state, from long custom, and its recognition by statutory law, the owner of cattle may allow them to go at large, and is not liable for damage done by them, on uninclosed premises. V. & J. R. R. Co. v. Patten, 31 Miss. Rep., 190. If they intrude upon a railroad tract, the company has no remedy against the owner. And for injuries done by the company’s locomotives and trains, *574liability to make compensation is dependent on-circumstances, as-whether the injury was…
2Cases cited4 opinions
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Raiford v. Mississippi Central RailroadMississippi Supreme Court · 1870
- New Orleans, Jackson, & Great Northern Co. v. EnochsMississippi Supreme Court · 1869
- Memphis & Charleston Railroad v. BlakeneyMississippi Supreme Court · 1870
3Cited by1 opinion
- Atchison, T. & S. F. R. v. WaltonNew Mexico Supreme Court · 1886