Thompson v. N. O., J. & G. N. R. R.
Mississippi Supreme Court
Error to the Circuit Court of Lincoln county. Hon. J. M, Smiley, Judge. The facts in this case are sufficiently set forth in the opinion of the court.
Read the full summary
Error to the Circuit Court of Lincoln county. Hon. J. M, Smiley, Judge. The facts in this case are sufficiently set forth in the opinion of the court. The question presented by the demurrer is, do the facts admitted by the demurrer, not ODly as to what they prove, but what they tend to prove, also, justify the plaintiff in recovering or not, not the amount of the recovery, but the right to recover under the law ? M. & O. R. R. v. McArthur, 43 Miss., 184. Do the facts show a cause of action? "Wherever the action is against a common carrier for breach of duty, the courts are inclined to…
1Opinion of the CourtTarbell, J.
About November 16, 1870, Thompson went on board the cars of N. O., J. & G. N. R. R. Co., and paid his fare to Boguichitto. The train, however, did not stop at the station, but ran past about two miles, stopping at a water tank. Thompson demanded of the conductor that the train should be backed to the station at Boguichitto, but the conductor said the train could not be backed. He was courteous and polite; expressed regrets; said the blame attached to the engineer, who had been contrary all day; and submitted the option to Thompson to ride to the next station, with transportation back by the…
2Cases cited4 opinions
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Southern Railroad v. KendrickMississippi Supreme Court · 1866
- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- Mobile & Ohio Railroad v. McArthurMississippi Supreme Court · 1870
3Cited by7 opinions
- Cincinnati, Hamilton & Indianapolis Railroad v. EatonIndiana Supreme Court · 1884
- Hutchinson v. RailroadSupreme Court of North Carolina · 1905
- Bumgart v. BaileyMississippi Supreme Court · 1963
- Tex. & Pac. R'y Co. v. PollardCourt of Appeals of Texas · 1884
- Dantzler Shipbuilding & Dry Docks Co. v. HurleyMississippi Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.