Harrison v. Southern Railway Co.
Mississippi Supreme Court
From tbe circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Harrison, appellant, was plaintiff in tbe court below; tbe railway company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, tbe plaintiff appealed to tbe supreme court. Appellant’s child, sixteen months old, was run over and killed by a passenger train of tbe appellee.
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From tbe circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Harrison, appellant, was plaintiff in tbe court below; tbe railway company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, tbe plaintiff appealed to tbe supreme court. Appellant’s child, sixteen months old, was run over and killed by a passenger train of tbe appellee. Appellant and bis wife and child bad, for several weeks prior to tbe accident, been living in appellee’s section bouse by agreement with tbe section foreman. Tbe section bouse was situated on…
1Opinion of the Court
Whitfield, C. T.,
delivered the opinion of the court.
The court below erred in excluding the testimony of Price. It was competent to go to the jury for whatever they might think it Worth. The court also erred in excluding the testi*49mony of the witnesses of the appellant with respect to the experiments made as to how far the baby could be seen from the direction from which the train came. This testimony was clearly competent. The purpose of the inquiry was to show whether the engineer saw, or ought to have seen, the child in order to have avoided the catastrophe, and it was directly relevant to…
2Cases cited3 opinions
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Nosler v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1887
- Brooke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
3Cited by10 opinions
- Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911
- Illinois Central Gulf Railroad Co. v. IsheeMississippi Supreme Court · 1975
- New Orleans, Mobile & Chicago Railroad v. HarrisonMississippi Supreme Court · 1913
- Dickerson v. Illinois Central RailroadMississippi Supreme Court · 1962
- Brown v. StateMississippi Supreme Court · 1936
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