Kansas City, Memphis & Birmingham Railroad v. Hawkins
Mississippi Supreme Court
Erom the circuit court of Marshall county. Hon. Perrin H. Lowrey, Judge. Hawkins, appellee, was plaintiff, and the railroad company, appellant, was defendant in the court below. Erom a judgment in plaintiff’s favor for $450 defendant appealed to the supreme court. The evidence was, in substance, as follows: Plaintiff was employed by the sheriff of Marshall county, Miss., from whom some prisoners had escaped, to trail them up with his dog.
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Erom the circuit court of Marshall county. Hon. Perrin H. Lowrey, Judge. Hawkins, appellee, was plaintiff, and the railroad company, appellant, was defendant in the court below. Erom a judgment in plaintiff’s favor for $450 defendant appealed to the supreme court. The evidence was, in substance, as follows: Plaintiff was employed by the sheriff of Marshall county, Miss., from whom some prisoners had escaped, to trail them up with his dog. At the time plaintiff’s dog, a valuable, well-trained bloodhound, was killed, there were two men and two other dogs along with plaintiff and his dog. They…
1Opinion of the CourtOalhoon, J.
If the engineer was on the lookout, as he says he was, in, coming around a curve debouching into a cut, he must' have seen the men and dogs. The jury manifestly thought either that he did see them, or should have seen them by proper lookout, in entering so dangerous a piece of road. There is no pretense that he was engaged about his engine. One toot of his whistle would, in all probability, have prevented the damage. From the evidence the jury must have thought he did see, and, in that case, the carelessness was “so gross as to be tantamount to design.” Mobile, etc., R. R. v. Holliday, 79…
2Cases cited1 opinion
- Mobile & Ohio R. R. v. HollidayMississippi Supreme Court · 1901
3Cited by6 opinions
- Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911
- Gulf S.I.R. Co. v. SimmonsMississippi Supreme Court · 1928
- New Orleans, Mobile & Chicago Railroad v. HarrisonMississippi Supreme Court · 1913
- Dickerson v. Illinois Central RailroadMississippi Supreme Court · 1962
- Gulf & S. I. R. R. v. WilliamsonMississippi Supreme Court · 1932
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