Mobile & O. R. v. Campbell
Mississippi Supreme Court
Appeal from the circuit court of Lee county. Hon. Claude Clayton, Judge. Suit by H. L>. Campbell against tbe Mobile & Ohio Railroad Company. From a judgment for plaintiff, defend- ' ant appeals. Tbe facts are fully stated in tbe opinion of -tbe court. "We will present to tbe court together tbe refusal of tbe court below to grant tbe peremptory instructions for tbe defendant, and tbe overruling of tbe motion for new trial.
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Appeal from the circuit court of Lee county. Hon. Claude Clayton, Judge. Suit by H. L>. Campbell against tbe Mobile & Ohio Railroad Company. From a judgment for plaintiff, defend- ' ant appeals. Tbe facts are fully stated in tbe opinion of -tbe court. "We will present to tbe court together tbe refusal of tbe court below to grant tbe peremptory instructions for tbe defendant, and tbe overruling of tbe motion for new trial. "While it is true that this court has frequently held that where there is testimony tending to make out plaintiff’s case, it is improper to grant the defendant a peremptory…
1Opinion of the CourtStevens, J.
Appellee as the plaintiff in the court below instituted this action against appellant to recover damages for personal injuries sustained by him in a collision at Tupelo, July, 1914. Mr. Campbell was one of the regular engineers of the Frisco Railroad Company, and as such engineer had an earning capacity of at least two thousand four hundred dollars per annum. At the crossing in Tupelo, Miss., where plaintiff was injured, the Mobile & Ohio runs approximately north and south and the Frisco Railroad approximately east and west. Plaintiff was in charge of his Frisco engine doing switching on the…
2Cases cited2 opinions
- Seaboard Air Line Railway v. MooreSupreme Court of the United States · 1913
- Lindsey Wagon Co. v. NixMississippi Supreme Court · 1914
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- Railway Exp. Agency, Inc. v. MalloryCourt of Appeals for the Fifth Circuit · 1948
- Magers v. Okolona, Houston & Calhoun City R.Mississippi Supreme Court · 1936
- Yazoo & M. V. R. v. LuckenMississippi Supreme Court · 1925
- Jefferson Funeral Home v. PinsonMississippi Supreme Court · 1954
- Gulf & S. I. R. Co. v. SaucierMississippi Supreme Court · 1925
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