Mobile, Jackson & Kansas City Railroad v. Kea
Mississippi Supreme Court
Appeal from the circuit court of Neshoba county. Hon. C. L. Dobbs, Judge. Suit by J. J. Kea against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. 1. The injury complained of not having been inflicted by the running of the locomotives or cars of appellant, as in section 1985 of the Code, raising the presumption of negligence, does not apply.
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Appeal from the circuit court of Neshoba county. Hon. C. L. Dobbs, Judge. Suit by J. J. Kea against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. 1. The injury complained of not having been inflicted by the running of the locomotives or cars of appellant, as in section 1985 of the Code, raising the presumption of negligence, does not apply. M. J. & K. G. R. Go. v. Kea, 50 So. 628; Lowe v. A. & V. B. Go., 51 Miss. 9. 2. Before recovery can be had for injury to an animal which has…
1Opinion of the CourtReed, J.
Appellee recovered judgment against appellant for the value of a mare. The animal was not struck by a train of appellant, but was injured by running into and falling from a trestle on the roadway. This case was before the court on a former appeal. Railroad Co. v. Kea, 96 Miss. 195, 50 So. 628. It was then decided that section 1985 of the Code of 1906, which raises the presumption of negligence, has no application to the case, ‘ ‘ as the mare was not struck or injured by the running of a train.” On this appeal it is again contended that the peremptory instruction to find for appellant should…
2Cases cited1 opinion
- Mobile, Jackson & Kansas City Railroad v. KeaMississippi Supreme Court · 1909