Alabama Great Southern Ry. Co. v. Daniell
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Mrs. E. L. Daniell and others against the Alabama Great Southern Railroad Company. From a judgment for plaintiffs, defendant appeals.
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Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Mrs. E. L. Daniell and others against the Alabama Great Southern Railroad Company. From a judgment for plaintiffs, defendant appeals. The instructions numbered 1 and 2 for plaintiffs, referred to in the opinion, were as follows: “ (1) If the jury believe from the evidence that the injury to the plaintiff was inflicted by the running of locomotives or cars by the Alabama Great Southern Railroad Company, then this is prima facie proof of the negligence of said railroad company authorizing a recovery by the…
1Opinion of the CourtSmith, C. J.
This is an action for damag’es resulting from the death of Harry Daniell, in which a judgment was rendered in the court below for appellees, who were, plaintiffs therein. Appellees attempted only to prove a prima facie case of liability under section 1985 of the Code, and upon the court’s overruling the motion to exclude this evidence from the jury, the defendants introduced a number of witnesses, from whose testimony it appears that on-August 22, 1911, at about two-thirty a. m., appellant’s passenger train No. 1, from Birmingham to Meridian, arrived at Cuba, a station in Alabama about two…
2Cases cited11 opinions
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
- Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911
- Whitney v. CookMississippi Supreme Court · 1876
- New Orleans & Northeastern Railroad v. BrooksMississippi Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Columbus Greenville R. Co. v. LeeMississippi Supreme Court · 1928
- Gulf, M. N.R. Co. v. BrownMississippi Supreme Court · 1925
- Hines v. McCullersMississippi Supreme Court · 1920
- New Orleans G.N.R. Co. v. WaldenMississippi Supreme Court · 1931
17 more not listed; retrieve them via the Exa API.