Jackson Electric Railway, Light & Power Co. v. Lowry
Mississippi Supreme Court
From tbe circuit court of first district, Hinds county. Hon. Robert Powell, Judge. Tbe appellee, Robert Lowry, was plaintiff, and the electric railway, etc., company defendant in tbe court below.
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From tbe circuit court of first district, Hinds county. Hon. Robert Powell, Judge. Tbe appellee, Robert Lowry, was plaintiff, and the electric railway, etc., company defendant in tbe court below. On or about March 15, 1901, tbe plaintiff, Robert Lowry, a citizen of Jackson, baying just returned from a trip, went to the crossing at the intersection of Yazoo and State streets, in said city, for the purpose of taking passage on defendant’s car to Fortification street, seven blocks northward. Plaintiff carried a heavy satchel. The night was dark and stormy. At the place in question there was but…
1Opinion of the CourtCalhoON, J.
A street railroad company is under a duty to the public to stop $t regular street crossings, on a seasonable signal, to receive those desiring to take passage. It cannot avoid this duty by any practice or rules of its own. Booth on St. Ry. L., sec. 347. Its rules must be reasonable, and an absolutely contrary rule would be unreasonable. It is unreasonable for it to have a rule that where its cars stopped beyond the crossing, they should not be backed to the proper place, in order to receive the person signaling, under all circumstances. Where the distance is short and the road good, and no…
2Cases cited8 opinions
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Heirn v. M'CaughanMississippi Supreme Court · 1856
- Chicago, St. Louis & New Orleans Railroad v. ScurrMississippi Supreme Court · 1882
- Miss. & Tenn. R. R. v. GillMississippi Supreme Court · 1888
- Illinois Central Railroad v. Brookhaven Machine Co.Mississippi Supreme Court · 1893
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3Cited by4 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
- Jackson Light & Traction Co. v. TaylorMississippi Supreme Court · 1916
- Jackson Light & Traction Co. v. TaylorMississippi Supreme Court · 1916