Legal Opinion

McCorkle v. Illinois Central Railroad

Mississippi Supreme Court

Decided October 15, 1911Published

Appeal from the circuit court of Car'rol county. Hon. Gr. A. McLean, Judge. Suit by John McCorkle against the Illinois Central Eailroad Company. From a judgment for defendant, plaintiff appeals. This action was begun by the appellant, who was the plaintiff in the court below, and is for damages for injuries alleged to have been sustained by him while attempting to debark from the passenger train of the appellee.

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Appeal from the circuit court of Car'rol county. Hon. Gr. A. McLean, Judge. Suit by John McCorkle against the Illinois Central Eailroad Company. From a judgment for defendant, plaintiff appeals. This action was begun by the appellant, who was the plaintiff in the court below, and is for damages for injuries alleged to have been sustained by him while attempting to debark from the passenger train of the appellee. The railroad company set up contributory negligence of the plaintiff as a defense to the action. There was a peremptory instruction for the defendant, and the paintiff appeals. This…

1Opinion of the CourtSmith, J.

The evidence introduced by the plaintiff in the court below was excluded, and a peremptory instruction was granted, charging the jury to find for the defendant. No motion for a new trial was made; but an exception to *128the action of the court in granting this instruction was taken at the time it was given, and, in due course, a bill of exceptions, consisting of the stenographer’s notes, embodying all of the evidence was filed.

When an instruction is marked “Given,” or “Eefused,” and filed by the clerk, it becomes a part of the record; and, if duly excepted to at the time it was given or refused,…

2Cases cited4 opinions

  1. Barney v. ScherlingMississippi Supreme Court · 1866
  2. Memphis & Charleston Railroad v. ChastineMississippi Supreme Court · 1877
  3. Bourland v. Board of SupervisorsMississippi Supreme Court · 1883
  4. Alexander v. FloodMississippi Supreme Court · 1900

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