Hill v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
FROM the circuit court of, first district, Hinds county. How. Robert Powell, Judge. Hill, appellant, was plaintiff in tbe court below; tbe railway company was defendant there.
Read the full summary
FROM the circuit court of, first district, Hinds county. How. Robert Powell, Judge. Hill, appellant, was plaintiff in tbe court below; tbe railway company was defendant there. Tbe suit was for personal injuries; the plaintiff claimed, and be and bis witnesses testified, that be was a passenger on defendant’s freight train, riding in a caboose, from Jackson to Vicksburg, on March 14, 1898'; that nothing whatever occurred to or on the train out of the ordinary at Jackson, but when the train reached Bovina, in Warren county, a violent collision — sufficiently violent to break the cars —occurred…
1Opinion of the Court
Boothe, Special J.,*
delivered the opinion of the court.
This action was instituted for the recovery of damages impersonal injuries sustained by the appellant on appellee’s train, used for both passengers and freight, after appellant embarked thereon at Jackson for Vicksburg. The testimony shows that the injury was inflicted at Jackson or Bovina, the preponderance of evidence being that it was done during some switching in the yard at Jackson. There was interposed the plea ,of the general issue and contributory negligence, and at the trial there was a verdict and judgment for appellant for…
2Cases cited4 opinions
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- Moseley v. JamisonMississippi Supreme Court · 1890
- Mississippi Central Railroad v. CaruthMississippi Supreme Court · 1875
3Cited by2 opinions
- Williams Yellow Pine Co. v. HenleyMississippi Supreme Court · 1930
- Colvin v. RobertsonMississippi Supreme Court · 1955