Illinois Central Railroad v. Sumrall
Mississippi Supreme Court
From tbe circuit court of Cbpiah county. HoN. Wiley H. Potter, Judge. Mrs. Sumrall, appellee, was plaintiff in tbe court below; tbe railroad company, appellant, was defendant there. From, a judgment in plaintiff’s favor defendant appealed to tbe supreme court.
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From tbe circuit court of Cbpiah county. HoN. Wiley H. Potter, Judge. Mrs. Sumrall, appellee, was plaintiff in tbe court below; tbe railroad company, appellant, was defendant there. From, a judgment in plaintiff’s favor defendant appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe court- [Tbe reporter bas been unable to find tbe brief of counsel for appellant in tbis case, bence m> synopsis of it is given.] It is not disputed that Sumrall was killed “by tbe running-of tbe locomotive of tbe defendant company,” and tbe prima-facie case under tbe statute having been made…
1Opinion of the Court
■Whitfield, 0. J.,
delivered the opinion of the court.
The facts in this case which 'control, very briefly stated, are as follows: Luther Sumrall, for whose death this suit is brought, left the store of a man named Beecham, very soon before the killing, went east to the depot, and then went north along the common traveled way between the north and south bound tracks of the Illinois Central Railroad, a distance of about four hundred and forty yards from the depot crossing, and just as he turned to the right on Finch’s crossing in the city of Wesson, and raised his foot to step onto the track, he…
2Cases cited2 opinions
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
- Yazoo & Mississippi Valley Railroad v. SchraagMississippi Supreme Court · 1904
3Cited by8 opinions
- Williams v. LumpkinMississippi Supreme Court · 1934
- St. Louis S. F. R. Co. v. Model LaundrySupreme Court of Oklahoma · 1913
- Picard v. WaggonerMississippi Supreme Court · 1948
- Illinois Cent. R. v. HandyMississippi Supreme Court · 1914
- Bailey v. CollinsMississippi Supreme Court · 1952
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