Murdock v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
Beom the,circuit court of Warren county. -Hon. William K. McLauein, Judge. Murdock, the appellant, was the plaintiff in the court below; the railroad company, appellee, was defendant there. At the close of the plaintiff’s evidence, on defendant’s application, the court below gave a peremptory instruction and a judgment for defendant, and the plaintiff appealed. The facts are stated in the opinion. Thei court below erred in granting the peremptory • instruction for defendant.
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Beom the,circuit court of Warren county. -Hon. William K. McLauein, Judge. Murdock, the appellant, was the plaintiff in the court below; the railroad company, appellee, was defendant there. At the close of the plaintiff’s evidence, on defendant’s application, the court below gave a peremptory instruction and a judgment for defendant, and the plaintiff appealed. The facts are stated in the opinion. Thei court below erred in granting the peremptory • instruction for defendant. To warrant the instruction it ought to ha^e appeared from the evidence, beyond ground for controversy, that danger of…
1Opinion of the Court
Woods, O. J.,
delivered thé opinion of the court.
While it is true, under tlie facte revealed by the appellant’s evidence, that he was not a trespasser in seeking to avail himself of the short cut over appellee’s yard in Vicksburg, rather than take the trouble to go two squares farther on a perfectly safe route, and that he was a licensee in entering said yard, it is nevertheless true that he was bound to observe the usual and ordinary care to guard against accident and injury from the engines and cars of the railroad company while being run or switched in-the business of'the company in its…
2Cited by5 opinions
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- Illinois Central Railroad v. DanielsMississippi Supreme Court · 1909
- Nichols v. Gulf & Ship Island RailroadMississippi Supreme Court · 1903
- Illinois Central Railroad v. LatikerMississippi Supreme Court · 1910
- Morehead v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1904