Alabama & Vicksburg Railway Co. v. Phillips
Mississippi Supreme Court
From the circuit court of Warren county. Hon. J. I). G-illand, Judge. Action for personal injuries. Judgment for plaintiff' for $300. Defendant appeals. The opinion sufficiently states the case. Appellant’s duty to stop its train did not arise until the engineer saw that the vehicle would not stop. He had a right to suppose that drivers of all vehicles would be on the lookout for trains.
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From the circuit court of Warren county. Hon. J. I). G-illand, Judge. Action for personal injuries. Judgment for plaintiff' for $300. Defendant appeals. The opinion sufficiently states the case. Appellant’s duty to stop its train did not arise until the engineer saw that the vehicle would not stop. He had a right to suppose that drivers of all vehicles would be on the lookout for trains. Railroad, Co. v. Mitchell, 52 Miss., 808. The right of the traveler upon the highway and at crossings of the company are, in a sense, equal, but that of the latter is superior in respect to priority of…
1Opinion of the CourtCooper, J.
The danger of multiplying instructions in the trial of causes finds another illustration in this case.
The plaintiff sued to recover damages for an injury caused, as he contends, by reason of the negligence of the servant of appellant in the management of an engine in the city of Vicksburg, by reason of which there was apparent danger of collision between the engine and a herdic, in which plaintiff was a passenger, to escape which danger he jumped from the herdic, and in so doing received the injury for which he seeks recovery.
The negligence of defendant’s servant was sought to be established…
2Cited by4 opinions
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- Thompson v. Mississippi Cent. R.Mississippi Supreme Court · 1936
- Turley v. IngramMississippi Supreme Court · 1884