Yazoo & Mississippi Valley Railroad v. Brumfield
Mississippi Supreme Court
Appeal from the Circuit Court of Yazoo County. HoN. T. J. WhartoN, Judge. ' Brumfield & Brumfield brought this action against the Yazoo and Mississippi Yalley Railroad Company to recover the value of two mules killed by the running of its train. The train was running at a speed of twelve or fifteen miles per hour.
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Appeal from the Circuit Court of Yazoo County. HoN. T. J. WhartoN, Judge. ' Brumfield & Brumfield brought this action against the Yazoo and Mississippi Yalley Railroad Company to recover the value of two mules killed by the running of its train. The train was running at a speed of twelve or fifteen miles per hour. It emerged from a deep cut on a down-grade, and, when it had gone a short distance, two mules were seen by the engineer to run toward the track, and, having reached it, they began to run down the side of the track in a frightened manner. He immediately reversed his engine, blew the…
1Opinion of the CourtCampbell, J.
The first instruction for the plaintiffs should not have been given. There is no evidence tending to show that the jumping from the train by the engineer had any influence in producing the death of the mules or that his remaining at his post of duty could have had any influence to avert the collision. The testimony is that everything possible had been done by the engineer to stop the train, and it was after this, and when he could do no more, and saw that a collision was inevitable under circumstances threatening peril to his own life, that he leaped from the engine. Called on to choose…
2Cited by5 opinions
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- New Orleans & N. E. R. v. MartinMississippi Supreme Court · 1921
- Georgia Railway & Electric Co. v. BlacknallSupreme Court of Georgia · 1905