Korter v. Gulf & Ship Island Railroad
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. William T. McDonald, Judge. Mrs. Korter, the appellant, was plaintiff in the court below; the railroad company, the appellee, was defendant there. The suit was for the alleged wrongful killing of plaintiff’s husband by the railroad company.
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From the circuit court of Harrison county. Hon. William T. McDonald, Judge. Mrs. Korter, the appellant, was plaintiff in the court below; the railroad company, the appellee, was defendant there. The suit was for the alleged wrongful killing of plaintiff’s husband by the railroad company. From a judgment in favor of defendant company, predicated of a peremptory .instruction, the plaintiff appealed to the supreme, court. ' The accident resulting in the death of Henry Korter, husband of the plaintiff, occurred at Gulfport, on the pier of the appellee leading into the Gulf of Mexico. The pier is…
1Opinion of the Court
Truly, J.,
delivered the opinion of the court.-
Whether appellant’s deceased husband was a trespasser or a licensee, it is not necessary now to consider. Whether trespasser or licensee, it was still his duty to conduct himself with ordinary care and prudence for his own protection. Whether there be any real distinction between the duty owing to a trespasser and that owing to a licensee (compare Williams’ case, 69 Miss., 639 [12 South. Rep., 957], and Arnola’s case, 78 Miss., 787 [29 South. Rep., 768; 84 Am. St. Rep., 645]), the burden of exercising ordinary carei is incumbent upon the party,…
2Cases cited2 opinions
- Illinois Central Railroad v. ArnolaMississippi Supreme Court · 1901
- New Orleans & Northeastern Railroad v. BrooksMississippi Supreme Court · 1904
3Cited by4 opinions
- Alabama Great Southern Railroad Company v. Allied Chemical Corporation, Armco Steel Corporation, and General American Transportation CorporationCourt of Appeals for the Fifth Circuit · 1974
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Southern Railway Co. v. MurrayMississippi Supreme Court · 1907
- Alabama Great Southern Railroad Company v. Allied Chemical Corporation, Armco Steel Corporation, and General American Transportation CorporationCourt of Appeals for the Fifth Circuit · 1974