Collins v. Southern Railway Co.
Mississippi Supreme Court
From the circuit court- of Washington county. Hon. A. McC. Kimbrough, Judge. Collins, the appellant, was plaintiff and the railroad company, the appellee, defendant in the court below. The suit was for damages for personal injuries sustained while attempting to board one of the trains of the defendant, the Southern Railway Company, and from a judgment sustaining defendant’s demurrer to his declaration and dismissing the suit, he appealed to the supreme court.
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From the circuit court- of Washington county. Hon. A. McC. Kimbrough, Judge. Collins, the appellant, was plaintiff and the railroad company, the appellee, defendant in the court below. The suit was for damages for personal injuries sustained while attempting to board one of the trains of the defendant, the Southern Railway Company, and from a judgment sustaining defendant’s demurrer to his declaration and dismissing the suit, he appealed to the supreme court. The declaration alleged that under the ordinances of the city of Greenville, where the accident occurred, all steam and electric…
1Opinion of the CourtCalhoon, J.
The place of the accident was in no sense a, depot or flag station. If, notwithstanding that, the appellant had been seen by the engineer holding to the handrail of the moving train, although he had caught hold of it while it was moving, we would have a different case to decide. But there is no averment in the declaration that he was so seen by any operative of the train.
Affirmed.
2Cited by2 opinions
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