Yazoo & Mississippi Valley Railroad v. Neal
Mississippi Supreme Court
From the circuit court of, second district. Tallahatchie -county. Hon. Samuel C. Cook Judge. Neal and another, appellees, were plaintiffs, and the railroad company was defendant, in the court below. From a judgment in plaintiffs’ favor the defendant appealed to the supreme -court. The opinion of the court states the facts.
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From the circuit court of, second district. Tallahatchie -county. Hon. Samuel C. Cook Judge. Neal and another, appellees, were plaintiffs, and the railroad company was defendant, in the court below. From a judgment in plaintiffs’ favor the defendant appealed to the supreme -court. The opinion of the court states the facts. Talcing the broadest view of the settlement made between appellant and appellees, it is patent that the railroad company made settlement and obtained release in satisfaction and discharge on one essential and basal point, namely, that the appellees would accept the $250 in…
1Opinion of the CourtMayes, J.
The agreed statement of facts shows that in June, 1906, E. E. and E. N. Neal instituted two suits against the railroad, company, under section 4058, Code 1906 (section 3561, Ann. *684Code 1892) for failing to maintain a proper stock gap and cattle guard. On the trial of this case it was agreed that one of the suits should be dismissed, and an agreed judgment was taken in the other for the statutory penalty of $250. Immediately thereafter the railroad company took an appeal from this agreed judgment to the supreme court. On the 4th day of December, 1906, a voucher was duly sent to R. E. and R N.…
2Cases cited1 opinion
- Alabama & Vicksburg Railway Co. v. OdenealMississippi Supreme Court · 1897
3Cited by1 opinion
- Love v. Mayor and Bd. of AldermenMississippi Supreme Court · 1933