Kansas City, Memphis & Birmingham Railroad v. Cantrell
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. Action of damages against appellant, by A. C. Cantrell, for the use of D. E. Cantrell, for the value of a mare alleged to have been killed on defendant’s track, by the negligence of its employes. , Defendant prevailed, but, on appeal, the judgment was reversed and the cause remanded for a new trial.
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From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. Action of damages against appellant, by A. C. Cantrell, for the use of D. E. Cantrell, for the value of a mare alleged to have been killed on defendant’s track, by the negligence of its employes. , Defendant prevailed, but, on appeal, the judgment was reversed and the cause remanded for a new trial. See Cantrell v. Railroad Co., 69 Miss.,.435. On another trial, plaintiff' recovered judgment.- The case originated in the justice court, and, consequently, there were no pleadings in writing. The bill of particulars, or…
1Opinion of the CourtCooper, J.
"While the verdict on the facts in evidence in this cause for the defendant would have been more satisfactory to us, we cannot say that the finding in favor of the plaintiff is not supported by the evidence. There is conflict in the testimony in reference to the distance the animal ran in front of the train before it was overtaken and killed, and though we think it probable the train could not have been stopped in time to prevent the injury, even if the evidence of the plaintiff’s witnesses is accepted as fixing the distance the animal ran after getting on the road-bed, we cannot say that the…
2Cases cited3 opinions
- Mississippi Central R. R. v. FortMississippi Supreme Court · 1870
- Pearce v. TwichellMississippi Supreme Court · 1867
- Brown v. ThomasMississippi Supreme Court · 1853
3Cited by7 opinions
- Willis v. BurchSupreme Court of Georgia · 1902
- King v. RowanMississippi Supreme Court · 1903
- Johnson v. WalkerMississippi Supreme Court · 1905
- Fast v. Canton, Aberdeen & Nashville RailroadMississippi Supreme Court · 1899
- Thames v. Mississippi Ex Rel. ShoemakerCourt of Appeals for the Fifth Circuit · 1941
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