Legal Opinion

Yazoo & Mississippi Valley Railroad v. Smith

Mississippi Supreme Court

Decided October 15, 1912PublishedCited by 10 opinions

Appeal from the circuit court of Coahoma county. Hon. Sam C. Cook, Judge. Suit by Mrs. M. A. Smith against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The court erred in. refusing instruction number four requested by defendant below.

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Appeal from the circuit court of Coahoma county. Hon. Sam C. Cook, Judge. Suit by Mrs. M. A. Smith against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The court erred in. refusing instruction number four requested by defendant below. This instruction is as follows: “The court instructs the jury for the defendant that if they believe from the evidence that the plaintiff’s throat became sore and that she suffered therefrom, and that the same was caused by the car of the Illinois…

1Opinion of the CourtReed, J.

In the late afternoon on a cold day in January, 1910, the appellee, accompanied by her little daughter, went to the Poplar street station of the Yazoo & Mississippi Valley Railroad Company in Memphis, Tenn., to take a train over that road which departed at 5:15 o’clock to her home in Clarksdale, Miss. There is a train shed at this station, used by both the Illinois Central Railroad and the Yazoo & Mississippi Valley Railroad, and there is a railing which separates the train from the other part of the station, where passengers wait for their trains. A gate is provided in this railing, and it…

2Cases cited2 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Cumberland Telephone & Telegraph Co. v. WoodhamMississippi Supreme Court · 1910

3Cited by10 opinions

  1. Smith Ex Rel. Smith v. ClementMississippi Supreme Court · 2008
  2. Tri-State Transit Co. v. MartinMississippi Supreme Court · 1938
  3. Louisville & N. R. v. DanielsMississippi Supreme Court · 1924
  4. Illinois Central Railroad v. ThomasMississippi Supreme Court · 1915
  5. Terry v. New Orleans Great Northern RailroadMississippi Supreme Court · 1912

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