Southern Railway Co. v. Pittman
Mississippi Supreme Court
Prom the circuit court of Montgomery county. Hon. George'A. McLean, Judge. Mrs. Pittman and others, appellees, were plaintiffs in the court below; the railway company, appellant, was defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was for the alleged wrongful death of Jesse Pittman, husband of one of the plaintiffs and father of the others. The facts are sufficiently stated in the-opinion of the court.
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Prom the circuit court of Montgomery county. Hon. George'A. McLean, Judge. Mrs. Pittman and others, appellees, were plaintiffs in the court below; the railway company, appellant, was defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was for the alleged wrongful death of Jesse Pittman, husband of one of the plaintiffs and father of the others. The facts are sufficiently stated in the-opinion of the court. The court should have granted the peremptory instruction asked by the appellant. The case of Louisville, etc., B. Co. v. Cooper, 68…
1Opinion of the Court
Mayks, O. J.,
delivered the opinion of the court.
There can be no disputing the fact that the old negro, seventy-three years of age, was guilty of negligence in venturing on a railroad trestle two hundred and forty-eight feet long and from twelve to twenty feet high. Had accident resulted to him solely because he went upon the trestle, undoubtedly he could not have recovered therefor. But we do not conceive that to be the question' in this case. Even trespassers on railroad tracks cannot be recklessly or wantonly injured; but, when seen in a position of danger, reasonable care must be exercised…
2Cases cited5 opinions
- Louisville, New Orleans & Texas Railway Co. v. WilliamsMississippi Supreme Court · 1892
- Jamison v. Illinois Central RailroadMississippi Supreme Court · 1885
- Mobile & Ohio Railroad v. WatlyMississippi Supreme Court · 1891
- Christian v. Illinois Central RailroadMississippi Supreme Court · 1893
- Louisville, New Orleans & Texas Ry. Co. v. CooperMississippi Supreme Court · 1890
3Cited by1 opinion
- United States v. PruittDistrict Court, S.D. Texas · 1954