Yazoo & Mississippi Valley Railroad v. Lambuth
Mississippi Supreme Court
From the circuit court of Franklin county. The facts are stated in the opinion of the court. The horse was never struck by the train — was grazing by the side of the track. The engineer was under no duty to look out for him. He did not see him, and the company cannot be held liable because the horse became frightened at the train, engaged at its usual business in the usual way, and, being frightened, ran into a wire fence and injured itself.
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From the circuit court of Franklin county. The facts are stated in the opinion of the court. The horse was never struck by the train — was grazing by the side of the track. The engineer was under no duty to look out for him. He did not see him, and the company cannot be held liable because the horse became frightened at the train, engaged at its usual business in the usual way, and, being frightened, ran into a wire fence and injured itself. Under repeated adjudications of this state, the railroad company is not liable in this case. Railroad Company v. Thornton, 65 Miss., 256; 64 Miss., 637;…
1Opinion of the CourtStocicdale, J.
This cause was in the circuit court of Franklin county, on appeal from justice’s court, and R. W. Lambuth, plaintiff below, recovered judgment against appellants, defendants below, for $115 dollars and costs, and from that judgment this appeal comes here.
*761The record discloses that the right of way of appellant’s road, north of the depot at Roxey, Franklin county, Miss., was conveyed to the grantor of said company by M. F. Byrd, reserving to himself the right to cultivate what was not in actual use by the company in operating its road; that, about one hundred yards north of the depot, two wire…
2Cases cited1 opinion
- Illinois Central Railroad v. WeathersbyMississippi Supreme Court · 1886
3Cited by1 opinion
- Gulf, M. & N. R. v. HardyMississippi Supreme Court · 1924