Alabama & Vicksburg Railway Co. v. Carter
Mississippi Supreme Court
From the circuit court, first district, of Hinds county. Hoar. Robert Powell, Judge. This was a suit by Sylvester Carter, plaintiff in the court below, against the Alabama & Vicksburg Railway Co., defendant there, for personal injuries received by him, the loss of a limb, for which he recovered a judgment for $500. The substantial averments of facts made by the declaration are to this effect: In February, 1899, plaintiff was proceeding eastwardly, on foot, along a pathway…
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From the circuit court, first district, of Hinds county. Hoar. Robert Powell, Judge. This was a suit by Sylvester Carter, plaintiff in the court below, against the Alabama & Vicksburg Railway Co., defendant there, for personal injuries received by him, the loss of a limb, for which he recovered a judgment for $500. The substantial averments of facts made by the declaration are to this effect: In February, 1899, plaintiff was proceeding eastwardly, on foot, along a pathway made by pedestrians parallel to and along the side of defendant’s track in the city of Jackson, at the time of the passage…
1Opinion of the CourtWhitfield, C. J.
It is not every injury inflicted by a railroad train AAdiile running through an incorporated tOAvn at more than six miles an hour for AAdiich the company is liable.
To render the company liable, the speed must be the proximate cause, of the injury. Causal connection between the excessive speed and the injury must be shoAvn.
On the other hand, the general doctrine that the company is not liable to a trespasser except for wilful, Avanton or reckless wrong, is not applicable, and cannot be invoked where a trespasser is injured by a train running more than six miles an hour in an incorporated town,…
2Cited by11 opinions
- Conway v. Monidah TrustMontana Supreme Court · 1913
- Mississippi Central Railroad v. RobinsonMississippi Supreme Court · 1914
- Yazoo & Mississippi Valley R. v. AultmanMississippi Supreme Court · 1937
- Leonard Stapleton v. Louisville & Nashville Railroad CompanyCourt of Appeals for the Fifth Circuit · 1959
- Stevens v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1902
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