Brookhaven Lumber & Mfg. Co. v. Illinois Central R. R.
Mississippi Supreme Court
From the circuit court of Lincoln county. HoN. J. B. ChrismaN, Judge. The facts of this case as found by the court from a voluminous record are stated in the opinion. Among other things, the court instructed the jury for plaintiff, in accordance with § 1059, code 1880, that proof of injury caused by the running train of defendant was prima facie evidence of negligence, and imposed upon defendant the burden to disprove the presumption of negligence.
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From the circuit court of Lincoln county. HoN. J. B. ChrismaN, Judge. The facts of this case as found by the court from a voluminous record are stated in the opinion. Among other things, the court instructed the jury for plaintiff, in accordance with § 1059, code 1880, that proof of injury caused by the running train of defendant was prima facie evidence of negligence, and imposed upon defendant the burden to disprove the presumption of negligence. The 2d, 3d, and 4th instructions, given for the defendant, and referred to in the opinion of the court, are as follows :— “ 2. If the jury believe…
1Opinion of the CourtWoods, C. J.
This action was brought by the appellant in the court below for the recovery of $30,000 damages for injuries alleged to have been *439sustained by tbe appellant in the destruction by fire of its mills near Brookhaven by reason of the negligent conduct of the appellee, or its servants.
It is shown with reasonable certainty that the large property of appellant’s was destroyed by fire communicated by a wrecked engine of the appellee, and it is shown that the destruction and loss occurred in this manner: Appellant was the owner of certain lumber mills, situated on the Illinois Central Bailroad about…
2Cited by10 opinions
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- Illinois Central Railroad Company v. Nathan R. Underwood and Richard M. Murray, Jr.Court of Appeals for the Fifth Circuit · 1956
- Mississippi Cent. R. v. AultmanMississippi Supreme Court · 1935
- Illinois Central Railroad v. SmithMississippi Supreme Court · 1962
- New Orleans & Northeastern Railroad v. BurneyMississippi Supreme Court · 1963
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