Yazoo & Mississippi Valley Railroad v. Hawkins
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit by Simon Hawkins against the Yazoo and Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We contend that the peremptory instructions asked by the appellant should have been granted. In the first place it must be conceded that appellee’s fall was caused solely by his own negligence.
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Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit by Simon Hawkins against the Yazoo and Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We contend that the peremptory instructions asked by the appellant should have been granted. In the first place it must be conceded that appellee’s fall was caused solely by his own negligence. He simply made a misstep in getting on the moving train and fell down. The train was running slowly and the step was properly constructed and…
1Opinion of the CourtReed, J.
Appellee brought suit against appellant, claiming damages on account of personal injuries sustained while he was employed as a brakeman on a freight train. Appellee attempted to. board the pilot of the engine by stepping on a small step attached to the pilot while the train was going about five miles per hour. He missed his footing, caught hold of the rihs of the pilot, where he clung for a short space, and fell, and one of his legs was run over and practically severed by the wheels of the pony truck. As soon as he fell, the engineer applied the air brakes, and the train was stopped in a…
2Cited by3 opinions
- Mississippi Baptist Hospital v. HolmesMississippi Supreme Court · 1952
- Carpenter v. DouglassMississippi Supreme Court · 1913
- Seward v. First Nat. Bank in MeridianMississippi Supreme Court · 1942