Johnson v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John N. Bush, Judge. Johnson, the appellant, was plaintiff in the court below and the railroad company, appellee, was defendant there. From a judgment in defendant’s favor predicated of a peremptory instruction the plaintiff appealed to the supreme court. The action was for recovery of damage for personal injury alleged to have been caused by defendant’s negligence. The opinion of the court states the facts.
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From the circuit court of Warren county. Hon. John N. Bush, Judge. Johnson, the appellant, was plaintiff in the court below and the railroad company, appellee, was defendant there. From a judgment in defendant’s favor predicated of a peremptory instruction the plaintiff appealed to the supreme court. The action was for recovery of damage for personal injury alleged to have been caused by defendant’s negligence. The opinion of the court states the facts. The conduct of complainant in walking out on the platform was not contributory negligence as a matter of law. Dougherty v. Yazoo, etc., R.…
1Opinion of the Court
Mates, J.,
delivered tbe opinion of tbe court.
On the 10th clay of August, 1907, Samuel Johnson took passage on the Tazoo & Mississippi Valley Railroad for the purpose of going from Merigold to Vicksburg. The train on which he embarked was a fast train, commonly called the “Cannon Ball,” and vestibuled throughout. The train was a night train, and due at Vicksburg about 12:40 a. m. It seems that after the train whistled for Vicksburg the porter passed through the car where Johnson was, carrying with him a box of some kind, which he placed on the platform, and himself returned inside. After this…
2Cases cited14 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
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