Legal Opinion

Illinois Central Railroad v. White

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 9 opinions

From the Circuit Court of Choctaw county. Hon. George A. McLean, Judge. Mrs. White, appellee, on the first appeal and appellant on the second, was plaintiff in the court below; the railroad company, appellant on the first appeal and appellee on the second, was defendant there. From a judgment in plaintiff’s favor defendant appealed (the first appeal) to the supreme court. The facts are stated in the opinions of the court.

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From the Circuit Court of Choctaw county. Hon. George A. McLean, Judge. Mrs. White, appellee, on the first appeal and appellant on the second, was plaintiff in the court below; the railroad company, appellant on the first appeal and appellee on the second, was defendant there. From a judgment in plaintiff’s favor defendant appealed (the first appeal) to the supreme court. The facts are stated in the opinions of the court. The judgment appealed from should be reversed for the reason that no evidence whatever was submitted to the jury to show that the jolting of the car about which the…

1Opinion of the Court · SmithSmith, J.

Appellee was a passenger on one of appellant’s local freight trains, and was going from Kosciusko to Durant. Upon arriving at Durant, and in attempting to alight from the platform of the car in which she was traveling, the train was moved or jerked, causing her to fall and become injured. At the close *97of the evidence appellant requested and was refused a peremptory instruction, and the cause was submitted to the jury, resulting in a verdict and judgment for appellee.

Code 1906, § 4054, provides: “But for injury to any passenger upon any freight train, not being intended for both passengers and…

Also in this document: Opinion of the Court · Anderson.

2Cases cited2 opinions

  1. Prather v. PratherMississippi Supreme Court · 1910
  2. Perkins v. Chicago, St. Louis & New Orleans RailroadMississippi Supreme Court · 1883

3Cited by9 opinions

  1. Winder v. StateMississippi Supreme Court · 1994
  2. Henry v. HendersonMississippi Supreme Court · 1912
  3. White v. Illinois Central RailroadMississippi Supreme Court · 1911
  4. Russell v. Federal Land BankMississippi Supreme Court · 1937
  5. Arizona Eastern R.R. Co. v. StateArizona Supreme Court · 1926

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