New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. Norwood
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. This action was brought by J. J. Norwood, before a justice of the peace, to recover of the New Orleans, Baton Rouge, Vicksburg and Memphis Railroad Company the value of a mule killed by „a locomotive and train of cars running on the defendant’s road. ,The .case was appealed to the circuit court, where,, a jury being waived, it was tried by the. judge.
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Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. This action was brought by J. J. Norwood, before a justice of the peace, to recover of the New Orleans, Baton Rouge, Vicksburg and Memphis Railroad Company the value of a mule killed by „a locomotive and train of cars running on the defendant’s road. ,The .case was appealed to the circuit court, where,, a jury being waived, it was tried by the. judge. The plaintiff adduced evidence sufficient to establish a priraá facie case against the defendant! The.defendant then proved the facts stated in the opinion of the. court.…
1Opinion of the CourtCooper, J.
The appellee’s mule was killed by the negligent running of a train upon the defendant’s road. The liability of the company turns upon the question whether the persons in charge of the train were the servants of the company or of one McDonald, an independent contractor, who was engaged in widening a cut in defendant’s road. By the contract between the company and McDonald, *568lie was to be paid sixty cents per cubic yard for all earth removed from the cut, and in addition, to this the company was to furnish him with a construction train and engineer to manage the same. This train was required by…
2Cases cited1 opinion
- Barnard v. CampbellNew York Court of Appeals · 1874
3Cited by23 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Texas Co. v. MillsMississippi Supreme Court · 1934
- Halkias v. Wilkoff Co.Ohio Supreme Court · 1943
- WJ Runyon & Son, Inc. v. DavisMississippi Supreme Court · 1992
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