Mississippi Cotton Oil Co. v. Ellis
Mississippi Supreme Court
Ebom the circuit court of Lauderdale county. IióN. S. H. Terral, Judge. Action by C. T. Ellis against the Mississippi Cotton Oil Company to recover for personal injuries. The appellant company owns and operates a large cotton oil mill in the city of Meridian, situated near the track of the Mobile & Ohio Railroad, a spur switch of which runs into a large inclosed shed connected with the mill.
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Ebom the circuit court of Lauderdale county. IióN. S. H. Terral, Judge. Action by C. T. Ellis against the Mississippi Cotton Oil Company to recover for personal injuries. The appellant company owns and operates a large cotton oil mill in the city of Meridian, situated near the track of the Mobile & Ohio Railroad, a spur switch of which runs into a large inclosed shed connected with the mill. This shed is 512 feet long, and the switch track enters at one end through a gate, at or near which the oil company kept a guard stationed to signal in engines and give warning of their approach. The…
1Opinion of the CourtWhitfield, J.
We do not think there was any error in granting plaintiff’s fifth instruction. Ernest Gaston testified positively that there was no warning; Kelly and appellee that they heard none. The best possible evidence as to whether a warning, given by the *199human voice, was heard at a particular placej is the testimony of persons of average hearing stationed, at the time of the warning, at that place. Some employes, not at the precise place, say they heard it. These three persons, at the very place, say they did not, and one that there was no warning. Appellee says they were talking to each other, but…
2Cases cited1 opinion
- New Orleans, Jackson, & Great Northern Railroad v. BaileyMississippi Supreme Court · 1866
3Cited by9 opinions
- Gulf Refining Co. v. FerrellMississippi Supreme Court · 1933
- Edwards v. Hanyes-Walker Lumber Co.Mississippi Supreme Court · 1917
- City of Tupelo v. PayneMississippi Supreme Court · 1936
- Yazoo M.V.R. Co. v. SmithMississippi Supreme Court · 1928
- Adams v. HicksMississippi Supreme Court · 1938
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