Fuller v. Illinois Central Railroad
Mississippi Supreme Court
Appeal from tbe circuit court of Attala county. Hon. G-. A. McLain, Judge. Suit by E.- L. Fuller et al. against tbe Illinois Central Eailroad Company. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. Counsel for appellee says that this is not a case for tbe use of section 1985; that there were eyewitnesses and tbe facts about the occurrence are in evidence. But this is only partly true.
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Appeal from tbe circuit court of Attala county. Hon. G-. A. McLain, Judge. Suit by E.- L. Fuller et al. against tbe Illinois Central Eailroad Company. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. Counsel for appellee says that this is not a case for tbe use of section 1985; that there were eyewitnesses and tbe facts about the occurrence are in evidence. But this is only partly true. We have witnesses who tell what the deceased did but nobody- undertakes to say what the meu in charge of the train did. Counsel'seems to consider that…
1Opinion of the CourtMcLain, J.
The plaintiffs in the court below brought suit against' the railroad company for the killing of their father, Mr. S, A. Fuller.
The facts in evidence are these: There is a private road intersecting the right of way and track of the railroad company at practically right angles. The railroad runs east and west; the dirt road, practically north and south at the point of the intersection. This dirt road had been in use for a long period of time, variously estimated at from ten to twenty years; had been used by the people in that section for this period of time; and was the road which Mr. S. A.…
2Cases cited25 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
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3Cited by18 opinions
- Viers v. DunlapOhio Supreme Court · 1982
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Alabama Great Southern Ry. Co. v. DaniellMississippi Supreme Court · 1914
- Mr. And Mrs. Albert N. Wright, Mother and Father, Respectively, of Douglas Wright, a Minor v. Standard Oil Company, Inc., a Kentucky CorporationCourt of Appeals for the Fifth Circuit · 1972
13 more not listed; retrieve them via the Exa API.