Illinois Central Railroad v. Bethea
Mississippi Supreme Court
From the circuit court of Pike county. Iíon. Moyse H. Wilkinson, Judge. Mrs. Bethea and others, the appellees, the widow and children of J. W. Bethea, deceased, were plaintiffs in the court below; the railroad company, the 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.
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From the circuit court of Pike county. Iíon. Moyse H. Wilkinson, Judge. Mrs. Bethea and others, the appellees, the widow and children of J. W. Bethea, deceased, were plaintiffs in the court below; the railroad company, the 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. Among the divers errors assigned by the appellant in the supreme court were the following: The refusal of the court to grant a peremptory instruction for the defendant. The admission in evidence of a rule of the…
1Opinion of the Court
Truly, L,
delivered the opinion of the court.
The facts as determined by the finding of the jury are these: On the morning of the accident, at the populous, but unin*129•corporated, village of Fernwood, J. W. Bethea was struck and killed at a public crossing by train No. 1, a vestibuled or cannon-ball train of appellant company. At the time the train ■causing the death was late and running fifty to sixty miles an hour, and crossed the highway without the ringing of a boll ■or the blowing of a whistle. Bethea drove his buggy over the public highway, in obedience to a signal of some character made by…
2Cited by3 opinions
- Burton v. WallerCourt of Appeals for the Fifth Circuit · 1974
- Burton v. WallerCourt of Appeals for the Fifth Circuit · 1974
- Coleman v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1907