Alabama & Vicksburg Railway Co. v. McCerren
Mississippi Supreme Court
From the circuit court, first district, of Hinds county. HoN. Robert Powell, Judge. The first case between these parties is reported in 72 Miss., 1013. After the decision of that case, this one was begun. The judgment in the first suit was pleaded by appellant, defendant below, in bar of this action, and thus arose the question decided by the court.
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From the circuit court, first district, of Hinds county. HoN. Robert Powell, Judge. The first case between these parties is reported in 72 Miss., 1013. After the decision of that case, this one was begun. The judgment in the first suit was pleaded by appellant, defendant below, in bar of this action, and thus arose the question decided by the court. It will be necessary, to an understanding of the principle decided, to'read the opinion first delivered in connection with the response to the suggestion of error. The opinion and response by the court contain all other facts necessary to be…
1Opinion of the CourtWoods, C. J.
In November, 1895, the appellee, Mrs. M. B. McCerreri, filed her declaration in the circuit court of Hinds county against the appellant railway company, seeking to recover for personal in-j uries received by her by reason of the misconduct of appellant’s servants in running a handcar at a high rate of speed near and across Capitol street, in the city of Jackson, and- by reason of loud and noisy outcries of the crew propelling said handcar, whereby appellee’s horse became frightened and ran away, throwing appellee violently from her vehicle.
To this declaration the appellant demurred, and the…
2Cases cited1 opinion
- Straw v. Illinois Central RailroadMississippi Supreme Court · 1895
3Cited by4 opinions
- Capaccio v. MerrillMassachusetts Supreme Judicial Court · 1915
- Simpson Et Ux. v. PoindexterMississippi Supreme Court · 1961
- Miller v. MargerieCourt of Appeals for the Ninth Circuit · 1909
- Grant v. DotsonMississippi Supreme Court · 1942