O'Kelly v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Washington county. Hoñ. Sydney Smith, Judge. O’Kelly, appellant, was plaintiff in the court below; the-railroad company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. ' O’Kelly, appellant, sued the railroad company, appellee, for damages for the killing of a mule by a switch engine of the company.
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From the circuit court of Washington county. Hoñ. Sydney Smith, Judge. O’Kelly, appellant, was plaintiff in the court below; the-railroad company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. ' O’Kelly, appellant, sued the railroad company, appellee, for damages for the killing of a mule by a switch engine of the company. The appellant made out his case, in substance, as follows: That the mule killed had been placed in an enclosed lot of an oil mill which plaintiff was patronizing; that…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
The court erred in giving the peremptory instruction for the •appellee. The plaintiff was entitled, under the facts of the case, to'the application of Code 1906, § 1985-. The stock law had nothing to do with the case. Roberds v. Mobile, etc., R. Co., 74 Miss. 334, 21 South. 10.
The engineer was contradicted as to the character of night; other testimony being that it was a starlight night on which one could see some fifty to one hundred yards. The testimony of •the plaintiff shows that the mule had run down the-track some five hundred…
2Cases cited3 opinions
- Louisville, New Orleans & Texas Railway Co. v. TateMississippi Supreme Court · 1892
- Roberds v. Mobile & Ohio RailroadMississippi Supreme Court · 1896
- Scott v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1894