Illinois Central Railroad v. Clarke
Mississippi Supreme Court
From the circuit court of Grenada county. Hon. William E. Stevens, Judge. Clarke, the appellee, was plaintiff in the court below, and the railroad company, the appellant, and one John Lewis, were defendants there.
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From the circuit court of Grenada county. Hon. William E. Stevens, Judge. Clarke, the appellee, was plaintiff in the court below, and the railroad company, the appellant, and one John Lewis, were defendants there. Lewis was a locomotive engineer of the railroad company, and the action was in trespass for damages inflicted on the plaintiff by the wrongful running of a train of cars against him and his vehicle while crossing the' railroad track; the railroad company acted only through and by its co-defendant Lewis as its servant and agent. The verdict was in plaintiff’s favor and against the…
1Opinion of the CourtTruly, J.
We cannot perceive that the appellant has any grounds of complaint on account of the failure of the jury to include in the verdict its co-defendant. Assuming that both the railroad company and its employe and co-defendant, the engineer in charge of the engine causing the damage, were equally liable; assuming, further, that they were jointly liable — the right of action which the appellee had was both joint and several, and each defendant was liable for the whole damage. Though equally liable, their liability was based on distinct and different legal principles— the engineer, because of his…
2Cases cited3 opinions
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