Mobile & Ohio Railroad v. Stroud
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon.. S. H. Terral, Judge. Mrs. Elvira Stroud brought this action against the Mobile and Ohio Eailroad Company to recover damages for the killing of her husband by the train of the defendant.
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Appeal from the Circuit Court of Lauderdale County. Hon.. S. H. Terral, Judge. Mrs. Elvira Stroud brought this action against the Mobile and Ohio Eailroad Company to recover damages for the killing of her husband by the train of the defendant. She alleged in her declaration that in October, 1884, her husband, George Stroud, on his way from the city of Meridian to his home in the country, being east from the depot of said company, and traveling in the route usually traveled by him between his home and said city, while crossing the track of the Alabama Great Southern Eailroad Company, which…
1Opinion of the CourtArnold, J.
We consider the declaration to mean that the engineer in charge of the train did not see the deceased in time to stop the train before he was struck, but that he might, or ought to have seen him. In this view the declaration was demurrable. It stated no cause of action. The demurrer to it should have been sustained.
The evidence shows less cause for complaint than the declaration. The verdict is contrary to law and the evidence, and should have been set aside.
A man who voluntarily gets on a railroad track, sixty feet in front of a train moving toward him at a greater rate of speed than six…
2Cases cited2 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
3Cited by5 opinions
- Kansas City, Ft. S. & M. R. Co. v. CookCourt of Appeals for the Sixth Circuit · 1895
- Yazoo & Mississippi Valley R. v. AultmanMississippi Supreme Court · 1937
- White v. WeitzMississippi Supreme Court · 1934
- Richmond & Danville Railroad v. BurnsedMississippi Supreme Court · 1892
- Morehead v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1904