Illinois Central Railroad v. Emmerson
Mississippi Supreme Court
Erom the circuit court of Lincoln county. LIon. Hoyse H. Wilkinson, Judge. Mrs. Emmerson, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. Appellee sued the appellant company to recover damages for her husband’s death resulting from injuries received while he was the conductor of a wrecking train of the company.
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Erom the circuit court of Lincoln county. LIon. Hoyse H. Wilkinson, Judge. Mrs. Emmerson, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. Appellee sued the appellant company to recover damages for her husband’s death resulting from injuries received while he was the conductor of a wrecking train of the company. On the day of the injury two locomotives had been derailed, and the trainmaster wired decedent to proceed to the point and pull tho two engines back upon the…
1Opinion of the Court
Whitfield, C. J.,
delivered 'the opinion of the court.
The case presented by this record differs from the same case, as presented before, in but two respects: Eirst, the amendment, which was offered and withdrawn on the former trial, predicating the right to recover on the fact that the blocking of the switch line on which the train of cars Emerson was on, compelled him to check suddenly his train, as a result of which, as claimed, the injury was inflicted, was made in the declaration on this trial; and, second, that the expert witness, Jenkins, was introduced and testified for the appellee.
So…
2Cases cited1 opinion
- Illinois Central Railroad v. EmmersonMississippi Supreme Court · 1906
3Cited by3 opinions
- Hollingsworth v. Bovaird Supply Co.Mississippi Supreme Court · 1985
- Humphreys County v. CashinMississippi Supreme Court · 1922
- McCreary v. StevensMississippi Supreme Court · 1930