Southern Railway Co. v. Murray
Mississippi Supreme Court
From the circuit court of Lauderdale county. IIon. Robert F. Cochran, Judge. Murray, appellee, was plaintiff in the court helow; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor, defendant appealed to the supreme court. This case has been three times before the supreme court.
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From the circuit court of Lauderdale county. IIon. Robert F. Cochran, Judge. Murray, appellee, was plaintiff in the court helow; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor, defendant appealed to the supreme court. This case has been three times before the supreme court. Southern R’y Go. v. Murray, 39 South., 478; Ibid., 42 South., 1047. Plaintiff sued for the killing of two cows hy defendant’s locomotive on. a highway crossing over defendant’s track. The testimony was sharply conflicting. Plaintiff’s witnesses testified that the lay of the land…
1Opinion of the CourtCalhoon, J.
It was not error to charge the jury that the railroad company was negligent if it did not ring the bell or blow the whistle before crossing the highway. Code, 1906, § 4045. The instruction does not say that, because of that negligence, verdict must be for recovery if there was contributory negligence, and astute counsel for the company took good care of this in their instructions.
It was not improper to give the charge, under Code 1906, § 1985 (Code 1892, § 1808), that the damage done was prima facie evidence of want of care. Vicksburg Ry. Co. v. Phillips, 64 Miss., 693; 2 South., 537. This…
2Cases cited4 opinions
- Vicksburg & Meridian Railroad v. PhillipsMississippi Supreme Court · 1887
- Korter v. Gulf & Ship Island RailroadMississippi Supreme Court · 1905
- Hamlin v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1894
- Nichols v. Gulf & Ship Island RailroadMississippi Supreme Court · 1903
3Cited by7 opinions
- Columbus Greenville R. Co. v. LeeMississippi Supreme Court · 1928
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911
- Mississippi Cent. R. v. SmithMississippi Supreme Court · 1934
- New Orleans & Northeastern Railroad v. ReadyMississippi Supreme Court · 1960
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