Alabama & Vicksburg Railway Co. v. Rooks
Mississippi Supreme Court
From the circuit court of Warren county. Hon. William K. McLaurin, Judge. Rooks, the appellee, was the plaintiff and the railway company, appellant, was the defendant, in the court below. The plaintiff obtained judgment there, and the railway company appealed to the supreme court. The suit was an action to recover the value of two cows killed by drinking cotton seed oil, which had escaped from the company’s cars.
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From the circuit court of Warren county. Hon. William K. McLaurin, Judge. Rooks, the appellee, was the plaintiff and the railway company, appellant, was the defendant, in the court below. The plaintiff obtained judgment there, and the railway company appealed to the supreme court. The suit was an action to recover the value of two cows killed by drinking cotton seed oil, which had escaped from the company’s cars. The case was tried upon an agreed statement of facts, from which it appeared: (1) That ■ one of the defendant’s switch tracks extended several hundred yards through an open field, or…
1Opinion of the Court
Calhoon, J.,
delivered the opinion of the court. .
We cannot hold that the damage in this case can be referred to the act of the railway company as the proximate cause. Meyer v. King, 72 Miss., 1; Robinson v. Gage, 27 So. Rep., 998; Illinois, etc., R. R. Co. v. Woolley, 77 Miss., 927.
Reversed.
2Cases cited2 opinions
- Meyer v. KingMississippi Supreme Court · 1894
- Illinois Central Railroad v. WoolleyMississippi Supreme Court · 1900
3Cited by1 opinion
- Lee County Gin Co. v. MiddlebrooksMississippi Supreme Court · 1931