Bardwell v. Mobile & Ohio R. R.
Mississippi Supreme Court
Appeal from the Circuit Court of Oktibbeha County. Hon. W. M. Rogers, Judge. James A. Bardwell brought this action against the Mobile and Ohio Eailroad Company to recover damages for personal injuries suffered by him. It appears that in June, 1883, the plaintiff took passage on the defendant’s train at Artesia, and paid his fare to the A, & M. College.
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Appeal from the Circuit Court of Oktibbeha County. Hon. W. M. Rogers, Judge. James A. Bardwell brought this action against the Mobile and Ohio Eailroad Company to recover damages for personal injuries suffered by him. It appears that in June, 1883, the plaintiff took passage on the defendant’s train at Artesia, and paid his fare to the A, & M. College. Before boarding the train plaintiff requested the conductor to promise to stop the train and put him off at Bardwell’s Crossing, where formerly the train had sometimes stopped to put off passengers, but which was not a regular station or…
1Opinion of the CourtArnold, J.
On the issues joined the merits of the controversy were fully developed, and it is unnecessary to consider the errors assigned in reference to the action of the court as to the pleadings.
The undisputed facts show that appellant had no cause of action against appellee. A verdict in his favor would have been so clearly contrary to the law and the evidence that it should have been set aside, and it was not error for the court to instruct the jury to find for appellee.
Appellant paid fare from Artesia to the Agricultural and Mechanical College, but for some purpose of his own he wished to leave…
2Cases cited3 opinions
- Chicago & Alton Railroad v. RandolphIllinois Supreme Court · 1870
- Lake Shore & Michigan Southern Railway Co. v. BangsMichigan Supreme Court · 1882
- Dowell v. Vicksburg & Meridian R. R.Mississippi Supreme Court · 1884
3Cited by4 opinions
- Fore v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1905
- Louisville, New Orleans & Texas Railroad v. ThompsonMississippi Supreme Court · 1887
- Dantzler Shipbuilding & Dry Docks Co. v. HurleyMississippi Supreme Court · 1919
- Dantzler Shipbuilding & Dry Docks Co. v. HurleyMississippi Supreme Court · 1919