Fore v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
From the circuit court of Scott county. Hon. John R. Enochs, Judge. Fore, the appellant, was plaintiff in the court below; the railway company, the appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.
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From the circuit court of Scott county. Hon. John R. Enochs, Judge. Fore, the appellant, was plaintiff in the court below; the railway company, the appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. According to the testimony offered by the appellant, he was, on June 27, 1902, employed as a driver by Brown Bros., who had a contract to do some grading for the railway company, and oñ that day he boarded the local freight train of the appellee to go from Forest to Jackson. By direction of his…
1Opinion of the CourtCalhoon, J.
The evidence is conflicting, and without an elaborate recital of it, we think the case should have been left to the jury. They are the forum to determine whether the injury occurred in getting off the train, or subsequently, in attempting to board the caboose while in motion; and it is for them to decide whether or not there was contributory negligence in getting off the train, in view of plaintiff’s age and the attendant circumstances, and whether or not the disembarkation was made reasonably incumbent on plaintiff, under the facts they may believe to be established, considering the age of…
2Cases cited4 opinions
- Chicago, St. Louis & New Orleans Railroad v. DoyleMississippi Supreme Court · 1883
- Bernheim Bros. & Uri v. Dibrell & HillMississippi Supreme Court · 1888
- Bardwell v. Mobile & Ohio R. R.Mississippi Supreme Court · 1886
- Thompson v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1895
3Cited by15 opinions
- Belk v. RosamondMississippi Supreme Court · 1952
- Buntyn v. RobinsonMississippi Supreme Court · 1958
- Mobile & O. R. Co. v. BennettMississippi Supreme Court · 1921
- Yazoo M.R. Co. v. PittmanMississippi Supreme Court · 1934
- Universal Truck Loading Co. v. TaylorMississippi Supreme Court · 1937
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