Ross v. Natchez, Jackson & Columbus Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wtiarton, Judge. In this suit by the appellant against the appellee for the value of a mule killed by one of the company’s trains, the engineer was introduced by the defendant after the plaintiff’s evidence was closed, and testified that there was a heavy fog.when he first saw the mule coming up the side of the railroad bed, thirty feet in front of the ■engine, which was running twenty miles an hour and could not be…
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wtiarton, Judge. In this suit by the appellant against the appellee for the value of a mule killed by one of the company’s trains, the engineer was introduced by the defendant after the plaintiff’s evidence was closed, and testified that there was a heavy fog.when he first saw the mule coming up the side of the railroad bed, thirty feet in front of the ■engine, which was running twenty miles an hour and could not be stopped before it struck the animal. The plaintiff then introduced W. J. Ferguson in rebuttal, and after the witness had…
1Opinion of the CourtChaemebs, J.
The suit was commenced before a j ustice of the peace to recover the sum of one hundred and fifty dollars damages for the killing of a mule belonging to the plaintiff by the cars of the defendant, the Natchez, Jackson and Columbus Railroad Company. There was some question and some conflict of testimony as to the value of the animal and a motion was made by the defendant in the circuit court to dismiss the suit upon the ground that the mule was worth more than one hundred and fifty dollars, and that consequently the justice’s court was without jurisdiction.- The court refused.to dismiss, but…
2Cases cited1 opinion
- Fenn v. HarringtonMississippi Supreme Court · 1877
3Cited by3 opinions
- Continental Casualty Co. v. CrookMississippi Supreme Court · 1930
- Mobile, Jackson & Kansas City R. R. v. HittMississippi Supreme Court · 1911
- Travis & Son v. F. A. Hulett & SonMississippi Supreme Court · 1932