Legal Opinion

Hines v. Thompson

Mississippi Supreme Court

Decided October 15, 1920No. 21345PublishedCited by 2 opinions

Appeal from circuit court of Monroe county. IIon. iC. P. Long, Judge. Action by Clabe Thompson against Walker D. Hines, Director General of Railroads, operating the Mobile & Ohio Railroad Company. Judgment for plaintiff, and defendant appeals. The engineer M. L. Dodd, who has had an experience of forty-seven years as locomotive engineer, is the only witness in the case who gave the facts as to the killing of the mule.

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Appeal from circuit court of Monroe county. IIon. iC. P. Long, Judge. Action by Clabe Thompson against Walker D. Hines, Director General of Railroads, operating the Mobile & Ohio Railroad Company. Judgment for plaintiff, and defendant appeals. The engineer M. L. Dodd, who has had an experience of forty-seven years as locomotive engineer, is the only witness in the case who gave the facts as to the killing of the mule. No other witness’knew anything about how the mule was Hilled, other than that it was evidently struck by the train. Mr. Dodd states that he was running passenger train No. 2 at…

1Opinion of the CourtSam C. Cook, P. J.

The plaintiff sued the' Mobile & Ohio Railroad Company for the 'value of a mule killed by the running train of the appellant. The evidence offered by the plaintiff made out his case under the statute. He proved that the mule was killed by the train; he proved He value of the mule; he proved that the railroad track was straight for a mile *641south of the place where the animal was struck; he also proved that there was a wound on the right side of the mule. The engineer running the train testified that, he first saw the mule standing near the track, and at first he thought it might be a human…

2Cited by2 opinions

  1. Illinois Cent. R. R. v. ShiversMississippi Supreme Court · 1953
  2. New Orleans & N. E. R. v. MartinMississippi Supreme Court · 1921

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