St. Louis & San Francisco Railroad v. Ault
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Suit by J. H. Ault against the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendant appeals.
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Appeal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Suit by J. H. Ault against the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. filed an elaborate brief too long for publication covering the points decided by the court and citing the following authorities: Railway Go. v. Jones, 73 Miss. 121; Dowell v. Railway Go., 61 Miss. 532; 1 Labatt on Master & Servant, p. 516; White case, 72 Miss. 19; 8 Am. & Eng. Anno. Cas., p. 3, et seq., Railway Go. v. Deweese, 82 C. C. A.…
1Opinion of the CourtMcLean, J.
The plaintiff was in the employ of the appellant. He was the engineer in charge of appellant’s train, known as the New York Limited, a fast passenger train, and plaintiff’s run was from Memphis, Tennessee, to Amory, Mississippi. On March 6,1909, appellee was driving this train, and arrived at Holly Springs, on schedule time, 10:37 p. m. East of Holly Springs, and within less than a mile of the Holly Springs depot, was a side or passing track. A short time before the happening of the injury complained of a freight train of the defendant pulled in on this side track for the purpose of…
2Cases cited4 opinions
- Kansas City, Memphis & Birmingham Railroad v. ChilesMississippi Supreme Court · 1905
- Jones v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1894
- Southern Railway Co. v. LanningMississippi Supreme Court · 1903
- Yazoo & Mississippi Valley Railroad v. BlockMississippi Supreme Court · 1905
3Cited by13 opinions
- Whittington v. H. T. Cottam Co.Mississippi Supreme Court · 1930
- State of Mississippi for the Use of Mrs. Robert E. Derrow and Mrs. Robert E. Derrow v. John S. Durham and United States Fidelity and Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1971
- Davis v. ElzeyMississippi Supreme Court · 1921
- Graves v. GravesMississippi Supreme Court · 1988
- Gulf Transport Co. v. ALLENMississippi Supreme Court · 1950
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