Morehead v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From tbe circuit court of Claiborne county. Hon. George Anderson,- Judge. Morehead, appellant, was plaintiff, and tbe railroad company, appellee, defendant in tbe court below. From a judgment in defendant’s favor tbe appellant appealed to tbe supreme court. Appellant bad been station agent at Ingleside for sixteen years. Tbe depot there was on tbe east side of tbe railroad track. There was a side track on tbe east side of tbe main line, and next to tbe depot.
Read the full summary
From tbe circuit court of Claiborne county. Hon. George Anderson,- Judge. Morehead, appellant, was plaintiff, and tbe railroad company, appellee, defendant in tbe court below. From a judgment in defendant’s favor tbe appellant appealed to tbe supreme court. Appellant bad been station agent at Ingleside for sixteen years. Tbe depot there was on tbe east side of tbe railroad track. There was a side track on tbe east side of tbe main line, and next to tbe depot. Tbe space between tbe two tracks is nine feet wide, and level, and was used by pedestrians. Appellant was injured by being struck by a…
1Opinion of the Court
Truly, J.,
delivered tbe opinion of the court.
None of the principles of law relied upon by appellant are applicable to the case made by this record. Conceding all for which he contends, a verdict in his favor could not rightfully he sustained.
The existence of a custom of certain trains to use tibié main line on all occasions, even if fully proven, would not excuse any one, whether trespasser, licensee, or employe, from the exercise of ordinary care and prudence on his part. See Hackney v. Railroad (Miss.) 33 So. Rep., 723; Railroad v. Crockett, 78 Miss., 412 (29 So. Rep., 162); Railroad v.…
2Cases cited4 opinions
- Illinois Central Railroad v. ArnolaMississippi Supreme Court · 1901
- Mobile & Ohio Railroad v. StroudMississippi Supreme Court · 1887
- Murdock v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1899
- Christian v. Illinois Central RailroadMississippi Supreme Court · 1893