McClellan v. Illinois Cent. R. Co.

This appeal is from the action of the trial court in granting a peremptory instruction in favor of the defendant, Illinois Central Railroad Company, at the close of the evidence offered by the plaintiff, Ozee McClellan, who sued for damages on account of personal injuries sustained in jumping from a moving passenger train under the circumstances hereinafter stated.

The proof discloses that the plaintiff, who was forty-nine years of age, had accompanied his sister-in-law, Mary Tidwell, to the railroad station at Port Gibson, Mississippi, where she boarded a northbound passenger train at about…