Chicago, St. Louis & New Orleans Railroad v. Jones
Mississippi Supreme Court
Appeal from the Circuit Court of Carroll County. •Hon. C. H. Campbell, Judge. In this action of trespass on the case against a railroad company for killing the plaintiff’s horses, the defendant moved for a new trial upon the ground, among others, of the court’s refusal to give the following charges, which the company asked: 4. If there was negligence on the part of the plaintiff which contributed in any degree to the killing of the stock sued for, the jury will find for the…
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Appeal from the Circuit Court of Carroll County. •Hon. C. H. Campbell, Judge. In this action of trespass on the case against a railroad company for killing the plaintiff’s horses, the defendant moved for a new trial upon the ground, among others, of the court’s refusal to give the following charges, which the company asked: 4. If there was negligence on the part of the plaintiff which contributed in any degree to the killing of the stock sued for, the jury will find for the defendant, although they believe the defendant was also guilty of negligence. 5. If the negligence of both the plaintiff…
1Opinion of the CourtChalmers, C. J.
The testimony, both for the plaintiff and the defendant, shows that the emplees of the defendant used every care and caution necessary for avoiding the killing of the plaintiff’s horses, and were guilty of no negligence whatever, unless it be true that, at the actual moment of collision, the train was running at a greater rate of speed than six miles per hour through the incorporated town of Yaiden. The testimony as to the speed is conflicting. The weight of it, we think, is with the defendant on this point; but as the verdict can be supported only on the theory that the juiy thought…
2Cited by1 opinion
- Pongetti v. SpragginsMississippi Supreme Court · 1952