Legal Opinion

Louisville & Nashville Railroad v. Pool

Mississippi Supreme Court

Decided October 15, 1894PublishedCited by 14 opinions

FroM the circuit court of Jackson county. HoN. S. H. Terral, Judge. This is an action brought before a justice of the peace in Jackson county, to recover sixty-eight dollars-damages for stock killed by appellant’s train. The evidence showed' that one heifer of the value of eight dollars was killed by defendant’s train near the state line between Mississippi and Alabama, but none of the witnesses could testify with certainty in which state it was killed.

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FroM the circuit court of Jackson county. HoN. S. H. Terral, Judge. This is an action brought before a justice of the peace in Jackson county, to recover sixty-eight dollars-damages for stock killed by appellant’s train. The evidence showed' that one heifer of the value of eight dollars was killed by defendant’s train near the state line between Mississippi and Alabama, but none of the witnesses could testify with certainty in which state it was killed. An ox worth twenty-five dollars and another worth thirty-five dollars were shown to have been killed on different days in the state of…

1Opinion of the CourtCooper, C. J.

If the appellant company was doing business in this state, and therefore suable as a resident here during the period pleaded by it as a bar of the plaintiff’s action, § 2754 of the code would not apply. That section is as follo-ws: ' ' When a cause of action has accrued in some other state, or in a foreign country, and by the law of such state or country, or of some other state or country where the defendant has resided before he resided in *490this state, an action thereon cannot be maintained by reason of lapse of time, an action thereon shall not be maintained here. ’ ’

This section has in view…

2Cited by14 opinions

  1. Mary Sheets v. Richard G. BurmanCourt of Appeals for the Fifth Circuit · 1963
  2. Robert Kershaw and Wife, Dorothy Kershaw v. Sterling Drug, Inc.Court of Appeals for the Fifth Circuit · 1969
  3. Louisana & Mississippi R. Transfer Co. v. LongMississippi Supreme Court · 1930
  4. Schreiber v. Allis-Chalmers Corp.District Court, D. Kansas · 1978
  5. Cummings v. CowanDistrict Court, N.D. Mississippi · 1975

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