Alabama & Vicksburg Railway Co. v. Hanes
Mississippi Supreme Court
From the, circuit court of Warren county. Hon. J. D. Oilland, Judge. Plaintiff Hanes, with others, took passage on defendant’s train at Vicksburg, and paid his fare to Four Mile Bridge, a flag-station a few miles distant. The train, which was a special excursion train, ran by the station, stopping a short distance beyond it — according to some of the evidence, nearly a mile — and plaintiff, with other passengers for the same place, alighted, and the train moved on.
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From the, circuit court of Warren county. Hon. J. D. Oilland, Judge. Plaintiff Hanes, with others, took passage on defendant’s train at Vicksburg, and paid his fare to Four Mile Bridge, a flag-station a few miles distant. The train, which was a special excursion train, ran by the station, stopping a short distance beyond it — according to some of the evidence, nearly a mile — and plaintiff, with other passengers for the same place, alighted, and the train moved on. For plaintiff there was evidence to show that when the train stopped the conductor helped the passengers off, and when complaint…
1Opinion of the CourtWoods, J.
The action of the trial court in refusing to entertain the appellant’s motion to exclude all the evidence offered by appellee was not erroneous. The motion is based upon the idea that the declaration alleging that certain wrongs, set out in that pleading, were done wilfully, and the evidence of the plaintiff showing that they were negligently done, at the worst, there was a fatal variance, and a failure to support the complaint by competent evidence. The pleading averred wrongs done wilfully; the evidence tended to show wrongs *165done negligently. The supposed wrong-doer was a common carrier of…
2Cases cited12 opinions
- Panton v. HollandNew York Supreme Court · 1819
- Southern Railroad v. KendrickMississippi Supreme Court · 1866
- Heirn v. M'CaughanMississippi Supreme Court · 1856
- Chicago, St. Louis & New Orleans Railroad v. ScurrMississippi Supreme Court · 1882
- McCord v. HighSupreme Court of Iowa · 1868
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3Cited by6 opinions
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- Gulf Research Development Co. v. LinderMississippi Supreme Court · 1936
- Mississippi Power & Light Co. v. Sumner Gin Co.Mississippi Supreme Court · 1930
- Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Dantzler Shipbuilding & Dry Docks Co. v. HurleyMississippi Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.