Yazoo & Mississippi Valley Railroad v. Schraag
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. Robert Powell, Judge. Mrs. Schraag, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below.
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From the circuit court of Copiah county. Hon. Robert Powell, Judge. Mrs. Schraag, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below. The death of Samuel Schraag, plaintiff’s deceased husband, was caused by a collision on the 6th day of January, 1902, just below Vicksburg, on the Yazoo & Mississippi Valley Railroad, between the northbound passenger train, of which Schraag was engineer in charge, and a switch engine then engaged in switching a train of freight cars. The collision occurred about a mile and a half below the Vicksburg depot, but within…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
We think the question of contributory negligence in this case was properly left to the jury, and has by the jury been properly settled. The evidence shows a case remarkable for the extent and variety of negligence on the part of the defendant railroad company. We have given the entire record the most careful consideration, and, unless the case is one in which no recovery at all is warranted under any declaration possible to be framed, this judgment must be affirmed. Perhaps the most earnest insistence of learned counsel for appellant at this…
2Cases cited12 opinions
- Ballard v. Mississippi Cotton Oil Co.Mississippi Supreme Court · 1902
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- Illinois Central Railroad v. PriceMississippi Supreme Court · 1895
- Wilson v. ZookMississippi Supreme Court · 1892
- Gabbert v. WallaceMississippi Supreme Court · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Anderson v. DanielMississippi Supreme Court · 1924
- Gower v. StrainMississippi Supreme Court · 1933
- Yazoo M.V.R. Co. v. WadeMississippi Supreme Court · 1932
- Illinois Central Railroad v. SumrallMississippi Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.