Memphis & Charleston Railroad v. Thomas
Mississippi Supreme Court
Error to the Circuit Court of Alcorn County. Hon. Orlando Davis, Judge. J. J. Thomas sued the Memphis & Charleston Railroad Co., to recover damages sustained by him while acting as engineer on the passenger train of said road, because of serious and permanent personal injuries occasioned by the defective switch, and the running off of the track of the engine and train.
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Error to the Circuit Court of Alcorn County. Hon. Orlando Davis, Judge. J. J. Thomas sued the Memphis & Charleston Railroad Co., to recover damages sustained by him while acting as engineer on the passenger train of said road, because of serious and permanent personal injuries occasioned by the defective switch, and the running off of the track of the engine and train. The declaration avers that the plaintiff in error undertook to furnish a good, safe and secure road, and provide and keep good, safe and secure switches, and to employ competent and suitable persons to keep said road and said…
1Opinion of the CourtTarbbll, J.
Thomas was an engineer in the employ of the M. & C. R. R. Co. While so employed, a train driven by an engine in charge of Thomas ran off the track, by which he was seriously injured. A suit by him resulted in a verdict against the company for $2,000 damages. Thereupon a writ of error was presented. The following are assigned as grounds of error: Admitting evidence that plaintiff had a wife and two children; permitting testimony as to condition of switch two weeks prior to the accident; instructing jury in the language of plaintiff’s charges; refusing to instruct the jury in the language of…
2Cases cited6 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Coon v. . the Syracuse and Utica Railroad Co.New York Court of Appeals · 1851
- Felch v. AllenMassachusetts Supreme Judicial Court · 1868
- N. O., J. & G. N. R. R. Co. v. HughesMississippi Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pennsylvania Co. v. WhitcombIndiana Supreme Court · 1887
- Darracott v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1887
- Francis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1892
- Konold v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
- Green v. Brainerd & Northern Minnesota Railway Co.Supreme Court of Minnesota · 1902
6 more not listed; retrieve them via the Exa API.