Howell v. Illinois Central Railroad
Mississippi Supreme Court
Prom the circuit court of Copiah county. Hon. Robert Powell, Judge. Action by plaintiff for damages for the killing of his son, Solon H. Howell, Jr., an infant, at Hazlehurst, Miss., on May 2, 1895. The jury was instructed to find for the defendant, and plaintiff appealed from the judgment entered upon the verdict. Defendant was not entitled to a peremptory charge in its favor.
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Prom the circuit court of Copiah county. Hon. Robert Powell, Judge. Action by plaintiff for damages for the killing of his son, Solon H. Howell, Jr., an infant, at Hazlehurst, Miss., on May 2, 1895. The jury was instructed to find for the defendant, and plaintiff appealed from the judgment entered upon the verdict. Defendant was not entitled to a peremptory charge in its favor. Railroad Go. v. Doyle, 60 Miss., 985; Pacltet Go. v. Edacarcls, 62 Ib., 534; Railroad Go. v. McArthur, 43 Ib., 180; Goodman v. Foxworth, 48 Ib., 608; Assurance Go. v. Mayer, 6iJb., 797; TribetteY. Railroad Go., 71 Ib.,…
1Opinion of the CourtWhitfield, J.
The testimony shows without contradiction that Solon H. Howell, Jr., was an unusually bright boy for his age; that he was killed by appellee on May 2, and would have been thirteen on his next birthday, June 17; that he was an active *249boy, expert in jumping on and off moving trains; that be did this for two years before his death, constantly in the day time, and on some few occasions at night; that he had been repeatedly warned by various parties, of the danger of this practice, and that his father had often chastised him for this, and had positively forbidden it; that he heard the boys…
2Cases cited2 opinions
- Vicksburg & Meridian Railroad v. PhillipsMississippi Supreme Court · 1887
- Newdoll v. YoungNew York Supreme Court · 1894
3Cited by11 opinions
- Mississippi City Lines, Inc. v. BullockMississippi Supreme Court · 1943
- Bufkin v. Louisville N.R. Co.Mississippi Supreme Court · 1931
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- Yazoo & Mississippi Valley R. v. AultmanMississippi Supreme Court · 1937
- Davis v. WatermanMississippi Supreme Court · 1982
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