Hopson v. Kansas City, Memphis & Birmingham Railroad
Mississippi Supreme Court
From the circuit court of Marshall county. Hon. James B. B'ooti-ie, Judge. Mrs. Hopson, the appellant, was the plaintiff in the court below; the railroad company, the appellee, was the defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court! The facts are stated in the opinion of the court.
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From the circuit court of Marshall county. Hon. James B. B'ooti-ie, Judge. Mrs. Hopson, the appellant, was the plaintiff in the court below; the railroad company, the appellee, was the defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court! The facts are stated in the opinion of the court. As a matter of law, was the action of the deceased in going upon the railroad crossing, without first having “stopped and looked and listened,” such contributory negligence as forbids recovery in this case ? We say not. This…
1Opinion of the CourtCalhoon, J.
Appellant, as the sister -and only heir of Bozeman Westmoreland, brought this action against the railroad company for damages for his death, alleged to have been caused by the negligence of said company. The track runs north and south. A sidetrack, parallel with the main line, was, at the place of the accident, located very close to it; so that when one crossed the sidetrack he was right on the main line. This sidetrack at the time of the accident was filled with freight cars; so that, at the place of the crossing, there was no view whatever of the main line, north or south. In order to cross…
2Cases cited5 opinions
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
- New Orleans & Northeastern Railroad v. BrooksMississippi Supreme Court · 1904
- Stevens v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1902
- Winfield Lumber Co. v. PartridgeSupreme Court of Alabama · 1918
- Wooten v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
3Cited by3 opinions
- Columbus Greenville R. Co. v. LeeMississippi Supreme Court · 1928
- Clarke v. Illinois Cent. R.Court of Appeals for the Fifth Circuit · 1923
- Jackson v. Mobile & Ohio RailroadMississippi Supreme Court · 1906