Legal Opinion

Mobile & O. R. v. Robinson

Mississippi Supreme Court

Decided June 25, 1923No. 22996PublishedCited by 4 opinions

Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Suit by Mrs. Samantha Robinson and others against the Mobile & Ohio Railroad Company. Prom a judgment for plaintiffs, defendant appeals.

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Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Suit by Mrs. Samantha Robinson and others against the Mobile & Ohio Railroad Company. Prom a judgment for plaintiffs, defendant appeals. The record establishes without any conflict in the evidence, that at the time he was killed Robinson was a trespasser on the track, whose presence in the place of danger was unknown to any agent or servant of the defendant, and therefore that defendant did not owe him any duty, and, there being no duty, there could not have been a breach of duty nor any liability. The court below erred in its…

1Opinion of the CourtSmith, C. J.

This is a suit by the widow and children of W. R. Robinson, deceased, to recover damages from the appellant for the death of Robinson, who is alleged to have been struck and killed by one of the appellant’s engines or cars. At the close of the evidence the court below refused to direct a verdict for the appellant, but charged the jury:

“That if they believe from a preponderance of the evidence that the deceased, W. R. Robinson, was injured and killed by the operation of a train of defendant, they will find their verdict for plaintiff.”

From a judgment in the plaintiff’s favor the railroad…

2Cases cited1 opinion

  1. New Orleans, Mobile & Chicago R. R. v. ColeMississippi Supreme Court · 1911

3Cited by4 opinions

  1. Smith v. Illinois Central R. Co.Mississippi Supreme Court · 1952
  2. Dickerson v. Illinois Central RailroadMississippi Supreme Court · 1962
  3. Murray v. Louisville & Nashville R.Mississippi Supreme Court · 1934
  4. Columbus & G. Ry. Co. v. CobbsMississippi Supreme Court · 1930

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