Hickman v. Kansas City, Memphis & Birmingham Railroad
Mississippi Supreme Court
From the circuit court of Union county. Hon. "W. S. Featherston, Judge. Appeal from judgment sustaining a demurrer to a declai’ation. The opinion states the case. The declaration states that the injury was caused by the negligence of the defendant, and that was sufficient.
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From the circuit court of Union county. Hon. "W. S. Featherston, Judge. Appeal from judgment sustaining a demurrer to a declai’ation. The opinion states the case. The declaration states that the injury was caused by the negligence of the defendant, and that was sufficient. Besides, § 1059 of' the code of 1880 provides that “proof of injury inflicted by the running of the locomotives or cars of such company shall be_pnmcr facie evidence of the want of reasonable skill and care on the part of the servants of such company.” Under this statute, after proof of the injury, it would not be necessary…
1Opinion of the CourtArnold, C. J.
Appellant, plaintiff in the court below, sued appellee to recover damages on account of her husband being killed by one of its trains. *156It is alleged in the declaration that the death was caused by the recklessness and negligence of the employees in charge of the train. A demurrer to the declaration, was sustained, on the ground, that it failed to show, that the deceased was free from fault, or in the exercise of'reasonable care, at the time he was struck by the train.
Whether it was necessary for the declaration to contain such an allegation, is an open question in this state. Vicksburg v.…
2Cases cited5 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Lee v. . Troy Citizens' Gas-Light Co.New York Court of Appeals · 1885
- Mobile & Montgomery Railway Co. v. CrenshawSupreme Court of Alabama · 1880
- City of Vicksburg v. HennessyMississippi Supreme Court · 1877
3Cited by2 opinions
- Meyer v. KingMississippi Supreme Court · 1894
- Simms v. ForbesMississippi Supreme Court · 1905