New Orleans, St. Louis & Chicago Railroad v. Burke
Mississippi Supreme Court
Error to the Circuit Court of Madison County. Hon. W. B. Cunningham, Judge. A full statement of this case is found in the opinion of the court.
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Error to the Circuit Court of Madison County. Hon. W. B. Cunningham, Judge. A full statement of this case is found in the opinion of the court. Is a common carrier of passengers bound to protect passengers from injury at the hands of fellow-passengers ? Or is the full duty of a common carrier discharged by carrying safely as to all else but injuries from fellow-passengers, and does a passenger take the risk of what may befall him in any other way than .by the omission or commission of the carrier or his employés ? The obligation to provide suitable and safe carriages and good road-bed (in…
1Opinion of the CourtChalmers, J.
Judgment of affirmance having been pronounced herein, a motion in arrest thereof is submitted upon the part of the sureties in the supersedeas bond, on the ground that that instrument does not conform to the requirements of the statute, and cannot therefore be made the basis of the usual judgment of affirmance. The body of the instrument is in the usual form, and is signed by the judgment debtor and two sureties, as required by law. Opposite the names of the principal and of one of the sureties there are seals affixed, but there is none affixed to the name of the second surety, who is the…
2Cases cited5 opinions
- Mackay v. BloodgoodNew York Supreme Court · 1812
- Curry v. BarclaySupreme Court of Alabama · 1842
- Fichthorn v. BoyerSupreme Court of Pennsylvania · 1836
- Bank of Cumberland v. BugbeeSupreme Judicial Court of Maine · 1841
- Brown v. LevinsSupreme Court of Alabama · 1838
3Cited by44 opinions
- Connell's Ex'ors v. Chesapeake & Ohio Ry. Co.Supreme Court of Virginia · 1896
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
- Maybe, Kahn & Freiberg v. DukeTexas Supreme Court · 1889
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