Legal Opinion

Perkins v. Chicago, St. Louis & New Orleans Railroad

Mississippi Supreme Court

Decided April 15, 1883PublishedCited by 2 opinions

Appeal from the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. On the 3d day of November, 1881, the appellant purchased a ticket from the appellee and took passage on a freight train on appellee’s railroad from Jackson to Madison Station. The train stopped at Madison Station, the engine being opposite the station, and the conductor’s caboose, in which appellant was riding, was something over a hundred yards from the platform of the station.

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Appeal from the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. On the 3d day of November, 1881, the appellant purchased a ticket from the appellee and took passage on a freight train on appellee’s railroad from Jackson to Madison Station. The train stopped at Madison Station, the engine being opposite the station, and the conductor’s caboose, in which appellant was riding, was something over a hundred yards from the platform of the station. No announcement was made by the conductor or any of the railroad employees that Madison had been reached. After the train had thus stood some…

1Opinion of the CourtCampbell, C. J.

The train on which the appellant was a passenger was a freight train, not being intended for both passengers and freight,” within the meaning of sect. 1054 of the Code of 1880, and the action of the Circuit Court upon the instructions was correct. The latter part of that section is a substitute for *730sect. 2 of the'act of March 15,1876 (Acts 1876, p. 265), which employed the terms “ mixed” or “accommodation” trains, “ run for the accommodation of both passengers and freight.” A train which is strictly a freight train, with only the appliauces of such a train, on which persons are not sought to…

2Cited by2 opinions

  1. White v. Illinois Central RailroadMississippi Supreme Court · 1911
  2. Illinois Central Railroad v. WhiteMississippi Supreme Court · 1910

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