Memphis & Charleston Railroad v. Orr
Mississippi Supreme Court
Error to the Circuit Court of Tishomingo County. Hon. B. B. BooNE, Judge. C. A. Orr sued the Memphis & Charleston Eailroad Company in trespass for the value of his horse, killed by defendant’s train, to which the railroad company pleaded : 1. Not guilty. ■ • ■ ■ 2. Statute of limitations, non, etc., infra ires annós. ■■ 3. Statute of limitations, non, etc., infra sex annos.
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Error to the Circuit Court of Tishomingo County. Hon. B. B. BooNE, Judge. C. A. Orr sued the Memphis & Charleston Eailroad Company in trespass for the value of his horse, killed by defendant’s train, to which the railroad company pleaded : 1. Not guilty. ■ • ■ ■ 2. Statute of limitations, non, etc., infra ires annós. ■■ 3. Statute of limitations, non, etc., infra sex annos. The plaintiff took issue upon 1st plea, demurred to 2d plea ‘(which demurrer was sustained), and replied to 3d plea as ■-follows: '' ' “ And "the said plaintiff, as to the 3d plea of said defendant, ; says that an action…
1Opinion of the CourtChalmers, J.
There was a previous suit between these same parties as to-the same subject-matter. The judgment recovered by plaintiff' in that proceeding in the lower court was reversed here on appeal. M. & C. R. R. Co. v. Orr, 43 Miss., 279.
To the present action the railroad company pleaded the six. years statute of limitations, to which the plaintiff replied as-follows:
‘ ‘ And the said plaintiff, as to the 3d plea of said defendant,, says that an action was duly commenced by said plaintiff against said defendant, for same cause, within the time allowed, and a. verdict for plaintiff; and the same was…
2Cases cited2 opinions
- Memphis & Charleston Railroad v. OrrMississippi Supreme Court · 1870
- Ross, Strong & Co. v. SimsMississippi Supreme Court · 1854