Illinois Central Railroad v. Weathersby
Mississippi Supreme Court
Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Featherston, Judge. Mrs. Annie E. Weathersby instituted -this suit against the Illinois Central Railroad Co. for the killing of her mare.
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Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Featherston, Judge. Mrs. Annie E. Weathersby instituted -this suit against the Illinois Central Railroad Co. for the killing of her mare. The declaration alleges that in 1882 or 1883 the defendant negligently and recklessly built a wire fence along the sides of its road in the corporate limits of the town of Water Valley; that the fences terminate in and lead up to a trestle; that a gate was built by the railroad company through this wire fence, which permitted the passage of animals from the commons near by into the space inclosed…
1Opinion of the CourtCoopee, C. J.
The declaration is for an injury caused by the negligent acts of *584the defendant in permitting its gate to be left open, by reason of which the plaintiff’s mare strayed upon the track, and then by negligently so frightening her that she ran into a trestle and was fatally injured. The instructions asked by the plaintiff and given in the court below are applicable only in cases in which the injury has been inflicted by the “ running ” of the trains of a railroad. There is no allegation in the declaration that the injury was caused by the running of the train within the meaning of the statutes on…
2Cited by3 opinions
- Lowe v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1902
- Gulf, M. & N. R. v. HardyMississippi Supreme Court · 1924
- Yazoo & Mississippi Valley Railroad v. LambuthMississippi Supreme Court · 1897