N. O. & N. E. R. v. Jones
Mississippi Supreme Court
Suit by W. E. Jones against the New Orleans & Northeastern Eailroad Co. to recover damages for killing a horse. Erom a verdict and judgment for plaintiff defendant appeals.
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Suit by W. E. Jones against the New Orleans & Northeastern Eailroad Co. to recover damages for killing a horse. Erom a verdict and judgment for plaintiff defendant appeals. On the trial plaintiff testified that he found his horse on his back in a ditch, dead, one morning, about one hundred and twenty-five yards from the railroad; that he tracked him back to a sawdust pile which was about thirty yards from the railroad track which was the nearest point to the railroad, where he found tracks; that the horse had his hind leg broken; that it had rained a little the night before and he examined…
1Opinion of the Court
Opinion.
2Per curiam
The verdict was manifestly wrong. The testimony does not show that the horse was struck and injured by any locomotive or train of appellant, or that he was, or had been, in a position in which he could have been so struck or injured. Shortly after the horse was injured, examination was made, under favorable conditions, to ascertain if there were any tracks of the horse on or about the railroad bed, or signs of his having been struck or thrown from the railroad track, and the witnesses all concur in the statement that no such tracks or signs could be found.
If, as some of the witnesses…
3Cases cited17 opinions
- Chicago, St. Louis & New Orleans Railroad v. DoyleMississippi Supreme Court · 1883
- Whitney v. CookMississippi Supreme Court · 1876
- Chicago, St. Louis & New Orleans Railroad v. PackwoodMississippi Supreme Court · 1881
- Mississippi Central Railroad v. MillerMississippi Supreme Court · 1866
- Bernheim Bros. & Uri v. Dibrell & HillMississippi Supreme Court · 1888
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