Payne v. Hamblin
Mississippi Supreme Court
Appeal from circuit court of Madison county. Hon. W. H. Potter, Judge. . Action by Mannie Hamblin against John Barton Payne, Director General, Agent of the United States, and the Illinois Central Railroad Company. Judgment for plaintiff, and the defendant appeals. The brief for the appellee attempts to demonstrate that the declarations of this court in the Frazier case do not speak the law on the subject, and cites, in support of his contention, numerous Alabama cases.
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Appeal from circuit court of Madison county. Hon. W. H. Potter, Judge. . Action by Mannie Hamblin against John Barton Payne, Director General, Agent of the United States, and the Illinois Central Railroad Company. Judgment for plaintiff, and the defendant appeals. The brief for the appellee attempts to demonstrate that the declarations of this court in the Frazier case do not speak the law on the subject, and cites, in support of his contention, numerous Alabama cases. It may be conceded that the Alabama cases cited by counsel are in conflict with the Frazier case, and that the Alabama cases…
1Opinion of the CourtHolden, J.
The appellee, Hamblin, recovered a judgment for one hundred and seventy-five dollars for a mule killed by the running of one of the appellant’s passenger trains at night, in the country. The mule appeared upon the track with a sack over its head and was struck by the train running at the rate of forty-five miles per hour. The engineer and fireman were the only witnesses who saw the striking of the mule by the train, and their testimony was undisputed at the trial. They both testified to seeing the mule upon the track with the sack over his head, and that the sack had two holes cut in it for…
2Cases cited4 opinions
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
- Yazoo & Mississippi Valley Railroad v. FrazierMississippi Supreme Court · 1913
- Nixon v. Illinois Central RailroadMississippi Supreme Court · 1912
- Pilcher v. Dothan Mule Co.Alabama Court of Appeals · 1912
3Cited by4 opinions
- Cameron v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1951
- New Orleans & Northeastern Railroad v. PhillipsMississippi Supreme Court · 1965
- Illinois Cent. R. Co. v. RobersonMississippi Supreme Court · 1939
- Louisville Nashville Railroad Co. v. MoseleySupreme Court of Alabama · 1955