Campbell v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Franklin county. Hon. Moyse H. Wilkinson, Judge. Campbell, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. Plaintiff, a passenger on defendant’s railroad, had to change cars at Harriston.
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From the circuit court of Franklin county. Hon. Moyse H. Wilkinson, Judge. Campbell, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. Plaintiff, a passenger on defendant’s railroad, had to change cars at Harriston. Some time elapsed between the two trains, and appellant, while at the station at Harriston, stood on the edge of the concrete platform between the waiting room and the railroad tracks, and, while so standing,…
1Opinion of the Court
Whitfield, C. .J.,
delivered the opinion of the court.
The pivotal point in this case is whether the company was negligent in the construction of its platform, so as to have the bumper of the engine and the body of the cars themselves project over — that is to say, overlap — said platform, to the extent, at least, of two inches as the cars would go by said platform. There was testimony to the effect that this platform was so negligently constructed that the cars, in going by, would oscillate so as to overlap to the extent of two inches, at least, said platform. The query, therefore, is whether…
2Cases cited2 opinions
- Archer v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
- Langan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1880
3Cited by6 opinions
- Turner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Gibson v. Southern Pacific Co.California Court of Appeal · 1955
- Evansville Railways Co. v. MillerIndiana Court of Appeals · 1916
- State ex rel. Nall v. WilliamsMississippi Supreme Court · 1911
- Gibson v. Southern Pacific Co.California Court of Appeal · 1955
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