Illinois Central Railroad v. Schultz
Mississippi Supreme Court
From the circuit court of, first plistrict, Tallahatchie county. Hon. Samuel 0. Cook, Judge. Schultz, the appellee, suing by his next friend, was the plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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From the circuit court of, first plistrict, Tallahatchie county. Hon. Samuel 0. Cook, Judge. Schultz, the appellee, suing by his next friend, was the plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. A train of the appellant company had been wrecked at the village of Oakland, and it became necessary to clear the main track of the wreckage in order to restore the track to proper condition for travel. The wrecking train had been ordered to the point and had been at work. To…
1Opinion of the CourtTruly, J.
If the appellee’s story be true, the torpedo, the explosion of which caused the injury, was placed near a public highway running parallel with the railroad, and he, while on such highway, lawfully enjoying the privileges of a pedestrian, was injured without negligence on his part. It is conclusively shown that it would be a violation of the rules of the railroad company, on account of the known danger of the explosive used, to place a torpedo in proximity to a building or public thoroughfare. It is contended by the appellant that the torpedo was placed on the track at a point distant from any…
2Cited by7 opinions
- McDaniel v. StateMississippi Supreme Court · 1978
- Long v. StateMississippi Supreme Court · 1932
- Edwards v. StateMississippi Supreme Court · 1937
- Melton v. StateMississippi Supreme Court · 1929
- Kendall v. StateMississippi Supreme Court · 1962
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