Wooten v. Mobile & Ohio Railroad
Mississippi Supreme Court
From, the circuit court of Noxubee county. Hon. Guión Q. Hall, Judge. Mrs. Wooten, appellant, was the plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for the alleged wrongful death of plaintiff’s husband, who was killed by the defendant’s cars. From a verdict and judgment, pursuant to a peremptory instruction in- defendant’s favor, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.
Read the full summary
From, the circuit court of Noxubee county. Hon. Guión Q. Hall, Judge. Mrs. Wooten, appellant, was the plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for the alleged wrongful death of plaintiff’s husband, who was killed by the defendant’s cars. From a verdict and judgment, pursuant to a peremptory instruction in- defendant’s favor, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. The court below seems to have believed that for one to board a moving train is per se negligence. It was formerly…
1Opinion of the CourtCalhoon, J.
We are unable to concur in the conclusion of the court below on the law and the facts which caused it to exclude all the evidence introduced by the plaintiff and to charge the jury peremptorily to find for the defendant.
We recognize it to be the general rule, and approve of it as wise and wholesome, that to board a train in motion is negligence as matter of law so as to bar recovery for resulting damage. But this rule has its exceptions, and cases arise where the question should be left to the jury, and we think this record discloses such a case. In truth, where it is a passenger who attempts…
2Cited by4 opinions
- Hopson v. Kansas City, Memphis & Birmingham RailroadMississippi Supreme Court · 1905
- Murphy v. Pere Marquette RailroadMichigan Supreme Court · 1914
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FriendIndiana Court of Appeals · 1918
- Bell v. Southern Railway Co.Mississippi Supreme Court · 1909