Legal Opinion

Alabama & Vicksburg Railway Co. v. Summers

Mississippi Supreme Court

Decided April 15, 1891PublishedCited by 10 opinions

From tbe circuit court of ’Warren county. HoN. J. D. GillaND, Judge, did not preside in tbis case. WarreN CowaN, Esq., a member of tbe bar, presided by agreement. On tbe 22d day of January, 1S90, Nancy Summers, a colored woman, was injured on defendant’s railroad track, in tbe city of Vicksburg, from tbe effects of which she died. Tbis suit was brought against tbe railroad company by her husband, James Summers, for damages on account of the killing.

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From tbe circuit court of ’Warren county. HoN. J. D. GillaND, Judge, did not preside in tbis case. WarreN CowaN, Esq., a member of tbe bar, presided by agreement. On tbe 22d day of January, 1S90, Nancy Summers, a colored woman, was injured on defendant’s railroad track, in tbe city of Vicksburg, from tbe effects of which she died. Tbis suit was brought against tbe railroad company by her husband, James Summers, for damages on account of the killing. On tbe trial, among other things, tbe court instructed tbe jury for tbe plaintiff as follows:— “ 2. The court instructs the jury that the fact…

1Opinion of the CourtCooper, J.

The appellee has recovered the judgment appealed from for the death of his wife, occasioned by a train of the appellant while making a “ running or flying-switch” in the city of Vicksburg.

The main line of appellant’s road near the place of the injury lies nearly .parallel to Water street, and some twenty-five feet to the east of a dummy line, which is either upon a part of Water street or a little east of it. At a point on the main line of defendant’s road, stated by the witness to be from one hundred and twenty to one hundred and sixty-five feet northeast of the place where Mrs. Summers was…

2Cases cited4 opinions

  1. French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
  2. Brown v. . N.Y.C.R.R.New York Court of Appeals · 1865
  3. Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
  4. Chicago & Alton Railroad v. GarvyIllinois Supreme Court · 1871

3Cited by10 opinions

  1. Wilson v. RailroadSupreme Court of North Carolina · 1906
  2. Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
  3. Baltimore & Ohio Southwestern Railway Co. v. RosboroughIndiana Court of Appeals · 1907
  4. Mitchell v. Illinois Cent. R.Supreme Court of Louisiana · 1903
  5. Scott v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906

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