Jamison v. Illinois Central Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Whakton, Judge. This is an action of trespass on the case against the Illinois Central Railroad Company for damages for the killing of a child of seven years of age while walking on the company’s railroad track in the city of Jackson. The action is brought by Robert Jamison, the father of the child. The judge in the court below instructed the jury to find for the defendant.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Whakton, Judge. This is an action of trespass on the case against the Illinois Central Railroad Company for damages for the killing of a child of seven years of age while walking on the company’s railroad track in the city of Jackson. The action is brought by Robert Jamison, the father of the child. The judge in the court below instructed the jury to find for the defendant. The plaintiff appealed. 1. If the children were negligent in going upon defendant’s track and in • not keeping a lookout for passing trains, could not the…
1Opinion of the CourtCooper, C. J.
On the trial of this case in the court below a peremptory instruction was given to the jury to find for the defendant. This was not authorized under the facts disclosed by the evidence for the plaintiff.
According to the testimony of the witness Allen, Jack Jones, the brakeman, who had been stationed as a lookout on the rear car of the train, which was backing on the switch and by which the death of the plaintiff's child was caused, was standing near the rear end of that ear looking in the direction of the children, who were walking along the track unconscious of their danger. It seems that…
2Cited by10 opinions
- Williams v. StateMississippi Supreme Court · 1896
- Mobile O.R. Co. v. JohnsonMississippi Supreme Court · 1930
- Alabama & V. Ry. Co. v. KellyMississippi Supreme Court · 1921
- Young v. Columbus & G. Ry. Co.Mississippi Supreme Court · 1933
- Jones v. StateMississippi Supreme Court · 1937
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