Yazoo & Mississippi Valley Railroad v. Byrd
Mississippi Supreme Court
From the circuit court'of, first district, Iliuds county. Hon. David M. Miller, Judge. Bertha Byrd and others, appellees, were plaintiffs in the court beloAv; the railroad company, appellant, Avas defendant there. The suit Avas for damages on account of the alleged wrongful death of one Hiram Byrd, a brother of the plaintiffs, having neither Avife, child, father nor mother, .caused by being thrown as Avas charged from a rapidly moving train.
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From the circuit court'of, first district, Iliuds county. Hon. David M. Miller, Judge. Bertha Byrd and others, appellees, were plaintiffs in the court beloAv; the railroad company, appellant, Avas defendant there. The suit Avas for damages on account of the alleged wrongful death of one Hiram Byrd, a brother of the plaintiffs, having neither Avife, child, father nor mother, .caused by being thrown as Avas charged from a rapidly moving train. From a judgment in fa or of the plaintiffs the' defendant railroad company appealed to the supreme court; and the plain-. tiffs, their recovery being…
1Opinion of the CourtMayes, J.
Some time in June, 1904, Iliram Byrd took passage on one of the trains of the Yazoo & Mississippi Valley Railroad Company from Natchez to New Orleans. The train on which he took his passage was an excursion train, and there is considerable conflict in the testimony as to whether or not the train was overcrowded on that occasion; but there is much testimony going to show that the train was crowded, and for this reason Byrd took a position on the platform of one of the cars, instead of taking his seat on the inside. There is also some testimony tending to show that Byrd had been drinking, and…
2Cases cited6 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1875
- Dyche v. Vicksburg, Shreveport & Pacific RailroadMississippi Supreme Court · 1901
- Mississippi Central Railroad v. HardyMississippi Supreme Court · 1906
- Louisville, New Orleans & Texas Ry. Co. v. SuddothMississippi Supreme Court · 1892
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