Southern Express Co. v. Brown
Mississippi Supreme Court
From the circuit court of Lowndes county. Hon. Lock E. Houston, Judge. The facts are stated in the opinion. The trial resulted in a verdict and judgment for plaintiff for $2000, and defendant appealed. The plaintiff did not exercise reasonable care, as appears from his own testimony. He was in a public street and neither he nor the vehicle had any superior right. It was his duty to look and listen for'any approaching vehicle.
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From the circuit court of Lowndes county. Hon. Lock E. Houston, Judge. The facts are stated in the opinion. The trial resulted in a verdict and judgment for plaintiff for $2000, and defendant appealed. The plaintiff did not exercise reasonable care, as appears from his own testimony. He was in a public street and neither he nor the vehicle had any superior right. It was his duty to look and listen for'any approaching vehicle. Barker v. Savage, 45 N. Y. 194; Brooks v. Schwerin, 54 lb. 347; 2 Shear. & Bed. on Neg., § 476. The gravamen of the declaration is that the driver was the servant of the…
1Opinion of the CourtCooper, J.
This is an action by appellee to recover damages against appellant for injuries inflicted upon him by the servants of appellant by driving over him a loaded express wagon. The evidence of the plaintiff tended to show that on the night when the injury was received, he was walking along one of the public streets of the town of Columbus upon a footpáth on the side of the street, where pedestrians were accustomed to travel, and was overtaken and run down by the express wagon driven by appellant’s servant, which *263was being rapidly driven, and was without lights to enable the driver to perceive and…
2Cases cited4 opinions
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Terre Haute & Indianapolis Railroad v. GrahamIndiana Supreme Court · 1883
- Indiana, Bloomington & Western Railway Co. v. BurdgeIndiana Supreme Court · 1884
- Shattuck v. MillerMississippi Supreme Court · 1874
3Cited by12 opinions
- Wood v. American National BankSupreme Court of Virginia · 1902
- Shoemaker v. SonjuNorth Dakota Supreme Court · 1906
- Meridian Taxicab Co., Inc. v. WardMississippi Supreme Court · 1939
- Gulf Refining Co. v. NationsMississippi Supreme Court · 1933
- Dobson v. Baxter Chat Co.Supreme Court of Kansas · 1938
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