Mobile, Jackson & Kansas City Railroad v. Jackson
Mississippi Supreme Court
From the circuit court of Union county. Hon. James B. Booti-ie, Judge. Mrs. Jackson, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor for $5,000 defendant appealed to the supreme court.
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From the circuit court of Union county. Hon. James B. Booti-ie, Judge. Mrs. Jackson, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor for $5,000 defendant appealed to the supreme court. The facts are stated in the opinion of the court, The fact that the deceased was intoxicated did not alone deprive him of the right to be upon appellant’s train, and the degree o-f care due a drunken passenger is the same as that due a sober one. MilUmcm y. New York, etc., B. B. Co., 66 N. Y., 642; Sbewm't v. Chicago By. Co.,…
1Opinion of the Court
Wi-iitfield, O. J.,
delivered the opinion of the court.
Learned counsel for the appellee says frankly in Jiis brief that “the case at bar is for injuries resulting from the action of the conductor and crew in putting off deceased after he had passed Ecru, his destination, at a time and place and under *521conditions that would not only reasonably lead to his death, but must necessarily have resulted in drowning or freezing him to death”; and the declaration itself plainly shows that the suit is for damages for the alleged willful and wanton wrong of the appellant company in ejecting the deceased…
2Cited by8 opinions
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- Harwood v. ScottMontana Supreme Court · 1922
- Petherbridge v. Princess Anne CountySupreme Court of Virginia · 1923
- Tanner v. American Hardware Corp.Mississippi Supreme Court · 1960
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