Legal Opinion

Cumberland Telephone & Telegraph Co. v. Cosnahan

Mississippi Supreme Court

Decided March 15, 1913PublishedCited by 20 opinions

Appeal from the circuit court of Lincoln county. HoN. D. M. Miller, Judge. Suit for damages by J. C. Cosnahan and others against the Cumberland Telephone & Telegraph Company and the city of Brookhaven. Prom a judgment for plaintiff against the telephone company and a judgment in favor of the city, both sides appeal. The opinion states the facts in this case.

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Appeal from the circuit court of Lincoln county. HoN. D. M. Miller, Judge. Suit for damages by J. C. Cosnahan and others against the Cumberland Telephone & Telegraph Company and the city of Brookhaven. Prom a judgment for plaintiff against the telephone company and a judgment in favor of the city, both sides appeal. The opinion states the facts in this case. The instructions referred to are as follows: “ (2) The court instructs the jury, for the defendant city of Brookhaven, that if you believe from the evidence that Win. Cosnahan, the deceased, on the occasion in question, was reckless and…

1Opinion of the CourtSmith, C. J.

This suit was instituted in the court below, by the fathers, brothers, and sisters of W. C. Cosnahan, deceased, to recover of the Cumberland Telephone & Telegraph Company and the city of Brookhaven damages for the death of W. C. Cosnahan, alleged to have been caused by the joint negligence of the telephone company and of the city. There was a verdict and judgment in favor of plaintiffs against the telephone company and against *618plaintiffs and in favor of the city, and the case comes to ns on direct appeal by the telephone company and on cross-appeal by the plaintiffs.

The city of Brookhaven…

2Cases cited6 opinions

  1. Temple v. McComb City Electric Light & Power Co.Mississippi Supreme Court · 1906
  2. City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
  3. McKay & Roche v. Southern Bell Telephone Co.Supreme Court of Alabama · 1895
  4. Potera v. City of BrookhavenMississippi Supreme Court · 1909
  5. Simmons v. Shreveport Gas, Electric Light & Power Co.Supreme Court of Louisiana · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Hesperia Land & Water Co. v. RogersCalifornia Supreme Court · 1890
  2. Mississippi Power & Light Co. v. WaltersMississippi Supreme Court · 1963
  3. Mississippi Power & Light Company v. ShepardMississippi Supreme Court · 1973
  4. White v. Mississippi Power & Light CompanyMississippi Supreme Court · 1967
  5. Wilburn v. GordonMississippi Supreme Court · 1950

15 more not listed; retrieve them via the Exa API.

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