Mississippi Central R. v. Morrison
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit by A. T. Morris against the Mississippi Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit by A. T. Morris against the Mississippi Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The only conclusion that this court can reach, after a careful inspection of all the testimony in this case, is that this was an accident which could not have been avoided by the exercise of reasonable care on the part of the employees of the railroad company, and that, therefore, the verdict should have been in its favor. M. £ 0. v.…
1Opinion of the CourtReed, J.
Appellant assigns as an error the refusal of the trial court to give a peremptory instruction in its favor. On April 15, 1912, at seven p. m., one of appellant’s passenger trains ran into a herd of cattle and killed three. The engineer in charge of the train was the only person *304who saw the accident. He testified that the train was running at a rate of speed which he estimated to be between twenty-five and thirty miles an hour when he first, saw the cattle; that they were then on the side of the track, which was on a fill, and down near a ditch, and that, he estimated they were about…
2Cases cited4 opinions
- New Orleans, Jackson & Great Northern Railroad v. FieldMississippi Supreme Court · 1872
- Yazoo & Mississippi Valley Railroad v. FrazierMississippi Supreme Court · 1913
- Yazoo & Mississippi Valley Railroad v. WrightMississippi Supreme Court · 1900
- Illinois Central Railroad v. GreavesMississippi Supreme Court · 1897
3Cited by3 opinions
- Illinois Cent. R. R. v. ShiversMississippi Supreme Court · 1953
- New Orleans & N. E. R. v. MartinMississippi Supreme Court · 1921
- Henderson & Mathis v. HinesMississippi Supreme Court · 1919