Anderson v. Alabama & Vicksburg Railroad
Mississippi Supreme Court
From the circuit court of Warren county. Hon. James H. Neville, Judge. Anderson, appellant, was plaintiff in the court below. The railway company, appellee, was defendant there. From a judgment in favor of defendant plaintiff appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. It is manifest that the verdict was contrary to law and the evidence, and that the motion for a new trial should have been sustained.
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From the circuit court of Warren county. Hon. James H. Neville, Judge. Anderson, appellant, was plaintiff in the court below. The railway company, appellee, was defendant there. From a judgment in favor of defendant plaintiff appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. It is manifest that the verdict was contrary to law and the evidence, and that the motion for a new trial should have been sustained. Section 3551, code of 1892, makes it a misdemeanor for a railroad company, upon stopping any train at a place where such railroad crosses a…
1Opinion of the CourtCalhoon, J.
This is- an action on an account, not dated, but filed October 18, 1900, against the railway company, “by reason of the closing of the public road across the railroad, $200,” on which the justice of the peace gave the plaintiff, Anderson, judgment by default for $200, but on appeal there were verdict and judgment for defendant. There is no evidence in the record that the road obstructed was a highway. The plaintiff certainly has no just cause of complaint of the action of the court on the instructions. He, for himself, testified that he was in failing health, and had been under treatment of…
2Cited by2 opinions
- Ellis B. Hall, Charles R. Hall and Eunice E. Hall v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Fifth Circuit · 1974
- Parker v. Southern Railway Co.Mississippi Supreme Court · 1916