Yazoo & Mississippi Valley Railroad v. Metcalf
Mississippi Supreme Court
Erom tbe circuit court of, second district, Bolivar county. Hon. A. MoC. Kimbrough, Judge. Metcalf, tbe appellee, was plaintiff in tbe court below; tbe railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe facts are stated and tbe code section involved quoted in tbe opinion of tbe court.
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Erom tbe circuit court of, second district, Bolivar county. Hon. A. MoC. Kimbrough, Judge. Metcalf, tbe appellee, was plaintiff in tbe court below; tbe railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe facts are stated and tbe code section involved quoted in tbe opinion of tbe court. Tbe 'plaintiff was guilty of gross and willful negligence in going upon tbe railroad track at tbe hour of tbe nigbt and under the condition where he was surrounded with impenetrable darkness, and when, by no reasonable…
1Opinion of the CourtTruly, J.
Appellee, while walking between two railroad tracks on a cinder path constructed and maintained in the town of Cleveland by the appellant railroad company, within three hundred feet of a passenger depot, but more than fifty feet therefrom, was struck by a bar or other object protruding from an engine which was rapidly backing into the said passenger depot on a track which ran within fifty feet thereof, and while there was no employe walking in front of said engine to give warning. By this accident injuries were inflicted, for which suit was brought, and under the instructions of the court…
2Cases cited1 opinion
- Alabama & Vicksburg Railway Co. v. CarterMississippi Supreme Court · 1899
3Cited by3 opinions
- Mississippi Cent. R. v. PaceMississippi Supreme Court · 1915
- Yazoo M.V.R. Co. v. GreenMississippi Supreme Court · 1933
- Illinois Central Railroad v. CauseyMississippi Supreme Court · 1913