Alabama & Vicksburg Railway Co. v. Jones
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. This was an action brought by Newton Jones against the defendant railway company for- personal injuries caused by the 'act' of its servants in making a kicking switch ’ ’ within the municipality of Jackson, the car thus switched having run over and crushed one of his feet in such manner as to necessitate amputation.
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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. This was an action brought by Newton Jones against the defendant railway company for- personal injuries caused by the 'act' of its servants in making a kicking switch ’ ’ within the municipality of Jackson, the car thus switched having run over and crushed one of his feet in such manner as to necessitate amputation. The plaintiff, an ignorant negro of advanced age, was standing upon or going across the switch track of defendant at the time of the injury, and the attendant circumstances may be said to…
1Opinion of the CourtWhitfield, J.
The fifth instruction for the plaintiff was in these words: “The court instructs the jury that, if they believe, from the evidence, that the agents of defendant, who procured the release, knew that plaintiff, on account of prostration from suffering, or the stupefying effects of drugs administered for his release from pain, was not in a condition to consider, weigh and understand any business proposition or transaction, and that defendant’s agents, desiring to take advantage of, surprise and overreach plaintiff, then came to his bedside, and obtained a settlement and release, and that the…
2Cases cited6 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Blakeman v. BlakemanSupreme Court of Connecticut · 1872
- Toland v. CoreyUtah Supreme Court · 1890
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3Cited by20 opinions
- Blinder v. MonaghanCourt of Appeals of Maryland · 1936
- Hoy v. HoyMississippi Supreme Court · 1908
- Whittington v. H. T. Cottam Co.Mississippi Supreme Court · 1930
- Crane Company v. NewmanIndiana Court of Appeals · 1941
- Coe v. SloanIdaho Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.