Scott v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Bolivar county. HoN. R. W. WilliamsoN, Judge. Action by T. R. Scott against the Yazoo & Mississippi Valley Railroad Company to recover the value of a mule killed by its locomotive. Verdict for plaintiff, and defendant appeals. The opinion states the substance of the testimony. The physical facts in the case contradict the testimony of the engineer.
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From the circuit court of Bolivar county. HoN. R. W. WilliamsoN, Judge. Action by T. R. Scott against the Yazoo & Mississippi Valley Railroad Company to recover the value of a mule killed by its locomotive. Verdict for plaintiff, and defendant appeals. The opinion states the substance of the testimony. The physical facts in the case contradict the testimony of the engineer. In view of the facts that the mule was struck on the right hip, showing that it could not have been in the position as testified by the engineer; that its tracks ran down the railroad for two hundred yards; that the train…
1Opinion of the CourtWhitfield, J.
The engineer testified that the mule came on the track from the west side going east, the train going south, going directly across, and was almost immediately struck. This would place his left side broadside the engine; but there was evidence that there was a large hole in his right hip. The engineer testifies that the mule was not more than ten or fifteen feet from the engine when it came on the track — was not going down the track — arid he was almost immediately on it, and struck it. There was testimony that there were mule tracks for nearly two hundred yards down the roadbed to where the…
2Cases cited1 opinion
- Louisville, New Orleans & Texas Railway Co. v. TateMississippi Supreme Court · 1892
3Cited by3 opinions
- Dickerson v. Yazoo & Mississippi Valley Railway Co.Mississippi Supreme Court · 1916
- Henderson & Mathis v. HinesMississippi Supreme Court · 1919
- O'Kelly v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1909