New Orleans & Northeastern R. R. v. Bourgeois
Mississippi Supreme Court
Appeal from the circuit court of Hancock county. Hon. S. H. Terral, Judge. The facts are stated in the opinion. After the evidence was all introduced the defendant asked for a peremptory instruction in its favor, which was refused.
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Appeal from the circuit court of Hancock county. Hon. S. H. Terral, Judge. The facts are stated in the opinion. After the evidence was all introduced the defendant asked for a peremptory instruction in its favor, which was refused. The main question here is, was it the duty of the engineer to stop the train until the cow got upon the track, or was there apparent necessity for stopping ? This question has been answered in the negative by this court in Y. & M. V. R. R. Co. v. Brumfield, 64 Miss. 637. There was no material conflict of testimony in the case, and considering the undisputed…
1Opinion of the Court
Arnold, C. J.,
delivered the. opinion of the court.
This action was brought by appellee to recover damages for the killing of three head of cattle by appellant’s trains’. The cattle were killed at different times and places. The testimony shows, without conflict, that the animals were not on the track until the train came near them, when they got on, or attempted to cross the track, within a few yards of the engine running at the rate of from twenty to thirty miles an hour.
It appears from the testimony for appellee, that at the places where two of these cattle were struck, the view along th'e…
2Cases cited5 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Vicksburg & Meridian Railroad v. PhillipsMississippi Supreme Court · 1887
- L. R. & F. S. Railway Co. v. TrotterSupreme Court of Arkansas · 1881
- Mobile & Girard R. R. v. CaldwellSupreme Court of Alabama · 1887
- Yazoo & Mississippi Valley Railroad v. BrumfieldMississippi Supreme Court · 1887
3Cited by9 opinions
- Eastman v. Jennings-McRae Logging Co.Oregon Supreme Court · 1914
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Rio Grande Western Railway Co. v. BoydSupreme Court of Colorado · 1908
- Yazoo & Mississippi Valley Railroad v. WhittingtonMississippi Supreme Court · 1896
- Beasley v. New Orleans & Northeastern RailroadMississippi Supreme Court · 1907
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