Jackson Electric Railway, Light & Power Co. v. Waycaster
Mississippi Supreme Court
Erom the circuit court of, first district, Hinds co-unty. Hon. Wiley H. Pottee, Judge. Waycaster, appellee, was plaintiff in the court below, and the-electric railway company, appellant, defendant there. Erom a judgment for $125 in plaintiff’s favor, defendant appealed to-the supreme court. Plaintiff sued the defendant for killing his dog.
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Erom the circuit court of, first district, Hinds co-unty. Hon. Wiley H. Pottee, Judge. Waycaster, appellee, was plaintiff in the court below, and the-electric railway company, appellant, defendant there. Erom a judgment for $125 in plaintiff’s favor, defendant appealed to-the supreme court. Plaintiff sued the defendant for killing his dog. The evidence disclosed that the dog was seen by the defendant’s motorman in charge of an electric car, when about seventy-five yards-distant, the animal trotting along upon the railway track on a public street in the suburbs of Jackson; that the motormau…
1Opinion of the CourtCalhoon, J.
This record presents a recovery of damages against the appellant, operating a trolley car line, for killing a dog, and it comes here from the finding of the circuit judge, who sat by agreement, the jury being waived, to try the facts as well as the law. The judge gave judgement for the plaintiff, and we do not think his conclusion should be disturbed as to the value of the animal. It was manifestly a very valuable dog, with a high reputation as a hunter.
Under the authorities we think the judge was also right on the law of the case as applied to the facts. This is a widely different case from…
2Cases cited2 opinions
- Kansas City, Memphis & Birmingham Railroad v. HawkinsMississippi Supreme Court · 1903
- Mobile & Ohio R. R. v. HollidayMississippi Supreme Court · 1901