New Orleans & North Eastern Railroad v. Thornton
Mississippi Supreme Court
Appeal from the Circuit Court of Marion County. Hon. S.H. Terral, Judge. This is an action brought by T. M. Thornton against the New Orleans and North Eastern Railroad Company for damages for the killing of his horse.
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Appeal from the Circuit Court of Marion County. Hon. S.H. Terral, Judge. This is an action brought by T. M. Thornton against the New Orleans and North Eastern Railroad Company for damages for the killing of his horse. The evidence shows that the horse was grazing on the railroad “ dump; ” that the engineer saw him 30 or 40 yards ahead of his engine, when the horse began to run ahead of the engine and continued so to run on the “ dump,” which was not more than three or four feet high, for 150 or 200 yards, when he turned aside and ran across some “barrow” pits, and was after-wards found in the…
1Opinion of the CourtCampbell, J.
The verdict is manifestly wrong. It is without evidence to support it. The witness testified that the horse was struck by the train, and there is much in the evidence to induce the belief that it was not injured by the train, and that the true state of the case is that the horse ran along by the side of the railroad until the train came up with and passed it, in part, when it turned off so terrified that it rushed across the “ barrow pits ” and injured itself; and, if this be true, the appellant is not .answerable for the misfortune of the brute and its owner in this ■catastrophe. Undoubtedly…
2Cited by3 opinions
- Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912
- Yazoo & Mississippi Valley Railroad v. WhittingtonMississippi Supreme Court · 1896
- Lowe v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1902