Alabama & Vicksburg Railway Co. v. Moore
Mississippi Supreme Court
Prom the circuit court of Scott County. Hon. John R. Enochs, Judge. Mrs. Moore, appellee, was plaintiff in the court below; the railway company -was defendant there. Erom a judgment in plaintiff’s favor, the defendant appealed to the supreme court. The facts are stated in the opinion of the court.
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Prom the circuit court of Scott County. Hon. John R. Enochs, Judge. Mrs. Moore, appellee, was plaintiff in the court below; the railway company -was defendant there. Erom a judgment in plaintiff’s favor, the defendant appealed to the supreme court. The facts are stated in the opinion of the court. The court will remember that the burden of proof in this case was upon the appellee to show that Moncure did not act with reasonable care and caution, and not upon the appellant to show his diligence. While it is true that § 1808, code 1892, makes the death of an animal caused by the running of the…
1Opinion of the CourtTerral, J.
The chief contention of appellant is that it should have had a peremptory instruction upon the trial in the circuit court. The horse of appellee was killed by running into a trestle on the Alabama & Vicksburg Nailway track at a point just west of Fairchild’s sawmill. The road in the vicinity of the mill is fenced east and west. The mill is situated on the north side of the track, and along that side of the track from where the horse was found and purshed to the trestle, where it was killed, there was much lumber piled. The record recites that the north side of the track “was filled with…
2Cases cited3 opinions
- Mobile & Ohio Railroad v. HoltMississippi Supreme Court · 1884
- Newman v. Vicksburg & Meridian RailroadMississippi Supreme Court · 1886
- Tyler v. Illinois Central R. R.Mississippi Supreme Court · 1884