Collins v. Illinois Central Railroad
Mississippi Supreme Court
From tlie circuit court of Grenada county. Hon. William F. Stevens,. Judge. Mrs. Collins and her two children, the appellants were the plaintiffs in the court below; the railroad company was defendant there.
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From tlie circuit court of Grenada county. Hon. William F. Stevens,. Judge. Mrs. Collins and her two children, the appellants were the plaintiffs in the court below; the railroad company was defendant there. The suit was for the death of Thomas Collins, the husband of the adult and the father of the infant plaintiffs, who was killed November 8, 1898, by the cars of the defendant, while running, within the limits of an incorporated village, at a rate of speed exceeding six miles per hour. The other facts are sufficiently apparent from the opinion of the court. We earnestly press the…
1Opinion of the CourtCalhooN, J.
Notwithstanding the very exceptionally able and forceful arguments, oral and written; of counsel for appellant, we adhere to the decision in McGowan, v. Railroad Co., 62 Miss., 682, and the numerous cases following and approving it. It *860was decided fifteen years ago. No intervening .legislature bas interfered with the doctrine it announces. The acts of 1896, simply eliminating the penalty for running more than six miles per hour through municipalities, does not change the principle. If this had been designed the legislature would have said “without regard to mere contributory negligence of the…
2Cases cited1 opinion
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
3Cited by3 opinions
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- Yazoo & Mississippi Valley R. v. AultmanMississippi Supreme Court · 1937
- Farquhar v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1900