Bell v. Kansas City, Memphis & Birmingham Railroad
Mississippi Supreme Court
From the circuit court of Marshall county. HoN. James T. FaNT, Judge. On May 9, 1889, appellant instituted this action against the appellee, alleging that on May 5, 1888, plaintiff was loading his wagon with freight at the depot of defendant, when the servants of the company, “ unnecessarily, negligently, and wilfully,” suddenly discharged steam from an engine and sounded the whistle, causing plaintiff’s team to take fright and run away, throwing him from the wagon, whereby…
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From the circuit court of Marshall county. HoN. James T. FaNT, Judge. On May 9, 1889, appellant instituted this action against the appellee, alleging that on May 5, 1888, plaintiff was loading his wagon with freight at the depot of defendant, when the servants of the company, “ unnecessarily, negligently, and wilfully,” suddenly discharged steam from an engine and sounded the whistle, causing plaintiff’s team to take fright and run away, throwing him from the wagon, whereby his hip was broken and he was otherwise injured. Defendant pleaded that the action was barred under § 2673, code 1880,…
1Opinion of the CourtWoods, C. J.
Section 2673, code of 1880, which requires actions for assault, battery, maiming, false imprisonment, malicious arrest, etc., to be commenced within one year next after the cause of action accrued, has no applicability to the case presented in the declaration herein. The statute was never designed to regulate the institution of suits against railroad companies for personal injuries committed by them, nor do we see how it can ever be successfully invoked until such time as these corporations can commit assaults, batteries, mayhem and like offenses.
Reversed and remanded.
2Cited by3 opinions
- State Ex Rel. Smith v. SmithMississippi Supreme Court · 1930
- Adams v. Colonial & United States Mortgage Co.Mississippi Supreme Court · 1903
- Sears, Roebuck & Co. v. IngramMississippi Supreme Court · 1968