Louisville, New Orleans & Texas Railway Co. v. Williams
Mississippi Supreme Court
From the circuit court of Washington county. Hon. R. W. Williamson, Judge. Action by appellee against the Louisville, Netr Orleans & Texas Railway Company for personal injuries. Plaintiff was seven years old, and lived with ber mother near the railroad. On the day of the injury she was sent by her mother to an adjoining plantation to play with other children. There she was taken sick with a chill, and was sent home by her relatives.
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From the circuit court of Washington county. Hon. R. W. Williamson, Judge. Action by appellee against the Louisville, Netr Orleans & Texas Railway Company for personal injuries. Plaintiff was seven years old, and lived with ber mother near the railroad. On the day of the injury she was sent by her mother to an adjoining plantation to play with other children. There she was taken sick with a chill, and was sent home by her relatives. There was no common road, and she walked on the railroad-track. She had often been on the railroad, and knew the danger of trains, but testified that on this…
1Opinion of the CourtWoods, J.
Under the plea of the. general issue, the railway company gave notice of its purpose to prove that, at the time of receiving the injury for which a recovery was sought, the plaintiff below, was lying upon the track of the railway of defendant, and that she was possessed of unusual precocity of judgment, and of discretion sufficient to make her presence upon the track a trespass, and was, in consequence thereof, guilty of contributory negligence. The evidence seems to fairly support the defense set up in the plea and notice.
This view leaves the litigation to hinge upon a single question, viz.:…
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