New Orleans & N. E. R. v. Martin
Mississippi Supreme Court
Appeal from circuit court of Clarke county. Hon. J. D. Fatheree, Judge. Action by L. E. Martin against the New Orleans & Northeastern Bailroad Company. Judgment for plaintiff, and the defendant appeals. This is a case without liability. The engineer did everything within his power to prevent killing the cow, after she was discovered in a position of peril.
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Appeal from circuit court of Clarke county. Hon. J. D. Fatheree, Judge. Action by L. E. Martin against the New Orleans & Northeastern Bailroad Company. Judgment for plaintiff, and the defendant appeals. This is a case without liability. The engineer did everything within his power to prevent killing the cow, after she was discovered in a position of peril. Having done this, he fulfilled the full duty owed by the railroad company, and the peremptory instruction should have been granted. The case falls directly in line with the line of cases decided by this court, holding that there ivas no…
1Opinion of the CourtAnderson, J.
The appellee, Martin, recovered judgment in the court below against the appellant, New Orleans & Northeastern Bailroad Company, for damages in the sum of seventy dollars and costs of the case, from which the appellant prosecutes this appeal. The suit was for the value of a cow, the property of appellee, which is claimed to have been killed by the appellant through the negligent running of one of its freight trains. The only assignment of error is that the court below ought to have directed a verdict for the appellant, an instruction to that effect having been asked by the appellant and…
2Cases cited11 opinions
- Hinds v. MooreMississippi Supreme Court · 1920
- New Orleans & Northeastern R. R. v. BourgeoisMississippi Supreme Court · 1888
- Yazoo & Mississippi Valley Railroad v. FrazierMississippi Supreme Court · 1913
- Yazoo & Mississippi Valley Railroad v. BrumfieldMississippi Supreme Court · 1887
- Yazoo & Mississippi Valley Railroad v. WrightMississippi Supreme Court · 1900
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3Cited by2 opinions
- Illinois Cent. R. R. v. ShiversMississippi Supreme Court · 1953
- Gulf, Mobile & Ohio Railroad v. ChisolmMississippi Supreme Court · 1966