Dyche v. Vicksburg, Shreveport & Pacific Railroad
Mississippi Supreme Court
From the circuit court of Warren county. HoN. Patrick HeNry, Judge. Dyche, the appellant, was the plaintiff in the court below; the railroad company, appellee, was defendant there.
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From the circuit court of Warren county. HoN. Patrick HeNry, Judge. Dyche, the appellant, was the plaintiff in the court below; the railroad company, appellee, was defendant there. Appellant, an infant, sued to recover damages for the alleged wrongful death of her father, Kirk P. Dyche, who was dangerously injured by being run over by the cars of appellee, at Delta, Louisiana (an unincorporated town), in 1898. On the night of the accident Dyche, the decedent, left Vicksburg on his journey to some place in Louisiana on the Vicksburg, Shreveport & Pacific Railroad. He tried, but failed, to…
1Opinion of the CourtCalhoon, J.
It is manifest, as we think, that the railroad company cannot be held liable for the original injury of the father of appellant. We think, too, that it is not liable for any negligence or want of skill of the surgeon at Tallulah, on the facts in this record. Nevertheless, we think the jury should have been permitted to pass on the acts of the company in shipping the helpless man to Tallulah, and after they brought him back. Assuming the charge of Dyche as it did, it was charged with the duty of common humanity, and the jury should have been allowed to pass upon whether or not it performed…
2Cases cited2 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1875
3Cited by19 opinions
- Tippecanoe Loan & Trust Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1914
- Jackson v. Mercy Health Center, Inc.Supreme Court of Oklahoma · 1993
- Marsalis v. La SalleLouisiana Court of Appeal · 1957
- Steckman v. Silver Moon, Inc.South Dakota Supreme Court · 1958
- Meador v. Hotel GroverMississippi Supreme Court · 1942
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