Mobile & Ohio Railroad v. Watly
Mississippi Supreme Court
From the circuit court of Noxubee county. Hon. S. H. Terral, Judge. Action by Jack Watly agaiust the Mobile1 & Ohio Railroad Company for the death of his infant son, run over by defendant’s train.
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From the circuit court of Noxubee county. Hon. S. H. Terral, Judge. Action by Jack Watly agaiust the Mobile1 & Ohio Railroad Company for the death of his infant son, run over by defendant’s train. The boy, aged four, and his sister, aged eight, lived upon a farm with their father, and were in the habit of carrying dinner to the hands at work .in the field, and, in doing so, they had to walk for a considerable distance along the track of the defendant’s railroad and across a trestle. Plaintiff' knew that in going they would make use of the railroad-track and cross the trestle. He also knew…
1Opinion of the CourtCampbell, C. J.
The evidence presents such a clear case of contributory negligence on the part of the plaintiff as to preclude recovery by him for any mere negligence of the defendant, and consideration of that should have been entirely excluded by the court, which should have instructed the jury to find for the defendant, unless it appeared that its servants in charge of the train, after seeing the children in a perilous situation, failed to exert themselves, as they should have done under the circumstances, to avert injury to them. That is the only debatable question in the case, and it was to try that by…
2Cited by5 opinions
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