New Orleans, Jackson & Great Northern Railroad v. Field
Mississippi Supreme Court
Error to circuit court of Hinds county, first district. Browk, J. This was an action to recover, of the plaintiff in error, damages for killing a mule. It was tried and resulted in a verdict in favor of the owner of the mule. There was considerable testimony in tbe case, but, as it was made to turn in this court upon legal rules and principles rather than upon the facts, they are not stated.
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Error to circuit court of Hinds county, first district. Browk, J. This was an action to recover, of the plaintiff in error, damages for killing a mule. It was tried and resulted in a verdict in favor of the owner of the mule. There was considerable testimony in tbe case, but, as it was made to turn in this court upon legal rules and principles rather than upon the facts, they are not stated. The errors complained of are the action of the court below upon the instructions, and the refusal of the court to set aside the verdict of the jury, upon the ground that it was against the evidence. The…
1Opinion of the Court
Simkall, J.:
This writ of error is prosecuted by the Hew Orleans, Jackson and Great Northern Railroad Company, to review the judgment of the circuit court for refusing a new trial, and for alleged error in granting instructions to the jury. The questions grow out of the liability of the railroad company for the killing of the plaintiff’s mule by one of its freight trains under the circumstances proved on the trial. The subject is discussed and the principle in general terms is stated in Vicksburg & Jackson R. R. Co. v. Patton, 31 Miss. 176; Mississippi Central R. R. Co. v. Raiford, 43 ib. 238;…
2Cases cited1 opinion
- Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
3Cited by13 opinions
- Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- Martin v. Platte Valley Sheep Co.Wyoming Supreme Court · 1904
- Farmer v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
- Pongetti v. SpragginsMississippi Supreme Court · 1952
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