Gulf & Ship Island Railroad v. Cole
Mississippi Supreme Court
Appeal from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by Mrs. Laura Cole against the Gulf & Ship Island Bailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by Mrs. Laura Cole against the Gulf & Ship Island Bailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We were appalled when the trial court declined to apply to this case the principle so aptly stated and thoroughly discussed by Chief Justice Mayes in the opinion of the court oyerruling the suggestion of error in the case of Bailroad Go. v. Ear die, 100 Miss. 132, 55 So. 967. Unless this court can be persuaded to reverse the Eardie case the…
1DissentMcLean, J.
The record presents a case where the question of punitive damages was properly left for the consideration of-the jury. The record shows that the conductor was familiar with the stations on the railroad; that the train arrived at Milltown before dark, and the conductor testified that Milltown and Low were very dissimilar in appearance; that there was a mill at Low, and that there was nothing at Milltown; that there was also a depot at Low and a sawmill and some residences on the hill, close by and in plain view, but there was nothing in sight at all at Milltown. In other words, it is apparent…
2Cases cited11 opinions
- Chicago, St. Louis & New Orleans Railroad v. ScurrMississippi Supreme Court · 1882
- Bell v. Southern Railway Co.Mississippi Supreme Court · 1905
- Natchez & Southern R. R. v. CrawfordMississippi Supreme Court · 1911
- Nesbitt v. City of GreenvilleMississippi Supreme Court · 1891
- Alabama & Vicksburg Railway Co. v. SummersMississippi Supreme Court · 1891
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