Vicksburg & Meridian Railroad v. McGowan
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. On the 15th of May, 1884, Nat. McGowan, while crossing or walking along the track of the Vicksburg and Meridian Eailroad in the town of Edwards, was struck by a moving locomotive and received from the collision serious bodily injuries. On the 8th of July, 1884, he sued the railroad company for damages.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. On the 15th of May, 1884, Nat. McGowan, while crossing or walking along the track of the Vicksburg and Meridian Eailroad in the town of Edwards, was struck by a moving locomotive and received from the collision serious bodily injuries. On the 8th of July, 1884, he sued the railroad company for damages. At the trial, B. H. Payne, the engineer by whom the locomotive was being operated at the time of the accident, testified as a witness for the defendant, and on cross-examination was asked by the plaintiff's attorney : “…
1Opinion of the CourtCampbell, C. J.
We find no fault with the action of the circuit court in granting the first three instructions for the plaintiff below and in refusing the second and fourth asked by the defendant. The fourth instruction for the plaintiff is “ that the law is as follows,” and then copies literally § 1047 of the Code of 1880, omitting so much of it as prescribes a penalty recoverable by city, town, or village. The instruction is in the language of the statute, as stated, and the court instructed for the defendant that if any negligence on the part of the plaintiff was the proximate cause of the accident he…
2Cited by25 opinions
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Alabama Great Southern Ry. Co. v. DaniellMississippi Supreme Court · 1914
- Yazoo & Mississippi Valley R. v. AultmanMississippi Supreme Court · 1937
- White v. WeitzMississippi Supreme Court · 1934
- Alabama & Vicksburg Railway Co. v. SummersMississippi Supreme Court · 1891
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