Vicksburg & Meridian Railroad v. Alexander
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. A locomotive and train of cars belonging to the Yicksburg and Meridian Railroad Company and being used upon its road, was left standing for about an hour, so as to partially obstruct a public street or highway crossing in the town of Bolton.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. A locomotive and train of cars belonging to the Yicksburg and Meridian Railroad Company and being used upon its road, was left standing for about an hour, so as to partially obstruct a public street or highway crossing in the town of Bolton. John Alexander, a physician, who wished to pass over the crossing with his horse and buggy for the purpose of visiting a patient, after waiting about twenty minutes for the train to move, undertook to lead his horse across the railroad track, but the animal, when opposite the…
1Opinion of the CourtCampbell, C. J.
The train of the appellant was left for about an hour with a part of it extending three and a half feet into the street at the crossing. It was improper to thus partially obstruct the crossing, and for any damage directly traceable to this wrong of the appellant it is answerable. ' It cannot be said that the appellee, in attempting to cross as he did, was guilty of contributory negligence so as to deprive him of a right of action for the injury sustained. There was room for a horse and buggy to pass in front of the train. All were thus invited to cross. The horse of the appellee was, as he…
2Cited by6 opinions
- Indianapolis Union Railway Co. v. NeubacherIndiana Court of Appeals · 1896
- Magers v. Okolona, Houston & Calhoun City R.Mississippi Supreme Court · 1936
- Union Pacific Railway Co. v. HutchinsonSupreme Court of Kansas · 1888
- Bridges v. Jackson Electric Railway, Light, & Power Co.Mississippi Supreme Court · 1905
- Hattiesburg Trust & Banking Co. v. HoodMississippi Supreme Court · 1910
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