Yazoo & Mississippi Valley Railroad v. Scott
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John N. Bush, Judge. Scott, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court.
Read the full summary
From the circuit court of Warren county. Hon. John N. Bush, Judge. Scott, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court. Statutes of the character of Code 1906, § 4056, do not in themselves impose and fix a positive liability against which no defense to a demand based on that section could be interposed. Statutes similiar to this, and provisions imposing special statutory duties, even more positive and…
1Opinion of the CourtRletchbr, J.
The appellant company chiefly complains because the court declined to submit to the jury the question of contributory negligence. The case arises under section 4056 of the Code, which is for the most part but a rescript of section 193 of the Constitution'of 1890, with the • important addition as to improperly loaded cara. It is insisted that under the authority of Buckner v. Richmond & Danville R. R. Co., 72 Miss. 873, 18 South. 449, the question of contributory negligence should have gone to the jury. This contention is based on the language employed on page 878 of 72 Miss, and page 450 of…
2Cases cited3 opinions
- Buckner v. Richmond & Danville RailroadMississippi Supreme Court · 1895
- Yazoo & Mississippi Valley Railroad v. ParkerMississippi Supreme Court · 1906
- Louisville, New Orleans & Texas Railroad v. ThompsonMississippi Supreme Court · 1887
3Cited by1 opinion
- Maloney v. Winston Bros.Idaho Supreme Court · 1910