Dickerson v. Yazoo & Mississippi Valley Railway Co.
Mississippi Supreme Court
Appeal from the circuit court of Washington county. Hon. F. E. Everett, Judge. Suit by' Ezra Dickerson and another against the Yazoo & Mississippi Valley Railroad Company. From a judgment for defendant on a peremptory instruction, the plaintiff appeals. The facts are fully stated in the opinion of the court.
1Opinion of the CourtSmith, C. J.
Appellants instituted this suit in the court below to recover of appellee damages for the killing of five mules and one horse owned by them. At the close of the evidence the jury were instructed to find for appellee, and there was a verdict and judgment accordingly. The evidence introduced in behalf of appellants made out a statutory prima facie case, and was to the effect that at about twelve o’clock on the night of October 8, 1913, at Marathon, a station on appellee’s road, a gentleman living at that station was awakened by a noise, the nature of which does not appear, and upon going out to…
2Cases cited1 opinion
- Scott v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1894
3Cited by2 opinions
- Barnes v. Mobile & O. R.Mississippi Supreme Court · 1923
- Henderson & Mathis v. HinesMississippi Supreme Court · 1919