Yazoo & Mississippi Valley Railroad v. Whittington
Mississippi Supreme Court
From the circuit court of Jefferson county. The facts are stated in the opinion of the court. The reporter does not find a brief on either side on file.
1Opinion of the CourtStockdale, J.
T. L. Whittington recovered judgment against appellant (defendant below) at the August term, A.D. 1895, for sixty dollars and costs of suit — price of ahorse killed by appellant’s train — -and this appeal was prayed and allowed.
On the trial, S. J. Jones, witness for plaintiff, testified that he saw the horse killed. The horse was drinking from a pond about twelve feet from the railroad track when witness first saw him. He heard the train, threw up his head, and jumped upon the track, turned down it, ran in front of the engine about thirty yards, was knocked off and killed. The train went on…
2Cases cited2 opinions
- New Orleans & Northeastern R. R. v. BourgeoisMississippi Supreme Court · 1888
- New Orleans & North Eastern Railroad v. ThorntonMississippi Supreme Court · 1887
3Cited by4 opinions
- Preece v. Oregon Short Line R.Utah Supreme Court · 1916
- Beasley v. New Orleans & Northeastern RailroadMississippi Supreme Court · 1907
- Wallace v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- New Orleans & N. E. R. v. MartinMississippi Supreme Court · 1921