Mobile & Ohio R. R. v. Holliday
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Syees, Judge. Holliday, the appellee, was the plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor, the defendant appealed to the supreme court. The facts are stated in the opinion of the court. A dog is an animal that rarely attracts the attention of persons, while, on the other, hand, such an animal as a horse or a cow is almost sure to do so.
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From the circuit court of Monroe county. Hon. Eugene O. Syees, Judge. Holliday, the appellee, was the plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor, the defendant appealed to the supreme court. The facts are stated in the opinion of the court. A dog is an animal that rarely attracts the attention of persons, while, on the other, hand, such an animal as a horse or a cow is almost sure to do so. There are a thousand cows and horses killed on railroad tracks where one dog is killed. Engineers know this, and hence they…
1Opinion of the CourtCalhooN, J.
Appellee’s dog had strayed from home, and was in an open prairie in the country, about three-quarters of a mile from ap*297pellant’s station, Prairie, on its track, and was killed by its locomotive, which was pulling a freight train. One witness, who saw the killing, says the dog ran about five hundred yards in front of the train before it was run over, while another eyewitness puts the distance about one hundred and fifty yards. There is no dispute that the dog could have gotten off the track any moment. The engineer testified that the train stopped at Prairie station for water; that he had to…
2Cases cited3 opinions
- Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
- St. Louis Southwestern Railway Co. v. StanfieldSupreme Court of Arkansas · 1897
- Jones v. Illinois Central RailroadMississippi Supreme Court · 1898
3Cited by2 opinions
- Kansas City, Memphis & Birmingham Railroad v. HawkinsMississippi Supreme Court · 1903
- Jackson Electric Railway, Light & Power Co. v. WaycasterMississippi Supreme Court · 1908