New Orleans, Jackson, & Great Northern Co. v. Enochs
Mississippi Supreme Court
Error to tbe Circuit Court of Hinds county. Hon. John Watts, judge.' ' Tbe facts of tbe case are fully stated in tbe opinion of tbe court. contended that the proof in tbe case failed to establish tbe commission of tbe trespass by tbe road; that tbe jack was found dead near tbe railroad, and bad tbe appearance of having been, drawn' along by tbe cowcatcher; that tbe evidence was .purely circumstantial, and does not-exclude tbe idea or hypothesis, 'that tbe jack may have been…
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Error to tbe Circuit Court of Hinds county. Hon. John Watts, judge.' ' Tbe facts of tbe case are fully stated in tbe opinion of tbe court. contended that the proof in tbe case failed to establish tbe commission of tbe trespass by tbe road; that tbe jack was found dead near tbe railroad, and bad tbe appearance of having been, drawn' along by tbe cowcatcher; that tbe evidence was .purely circumstantial, and does not-exclude tbe idea or hypothesis, 'that tbe jack may have been killed by another. There is no proof that tbe road was in operation, nor that it was running’its cars at tbe time, or…
1Opinion of the CourtShackelford, C. J.
This is an action of trespass against the plaintiff in error, instituted in the First District Court of Hinds county, by defendant in error.
It is alleged in the declaration that the defendant in error *605was the owner of a “jack ass,” and that the plaintiffs in error, “ through their agents and employees, — whose names are unknown to plaintiffs, — and while said agents and employees were engaged in running the cars of said Company on the railroad track of the Company, and engaged in the business and employment of the said defendant, did, on the 10th day of June, 1861, negligently and carelessly,…
2Cited by3 opinions
- M. & O. Railroad v. HudsonMississippi Supreme Court · 1874
- Atchison, T. & S. F. R. v. WaltonNew Mexico Supreme Court · 1886
- N. O. & N. E. R. v. JonesMississippi Supreme Court · 1886