Southern Railway Co. v. Floyd
Mississippi Supreme Court
Appeal from the circuit court of Carroll county. Hon. C. A. McLean, Judge. Suit by S. A. Floyd against the Sorthern' Bailway Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Contributory negligence is so clearly made out that the court ought to have instructed the jury to find for the appellant.
Read the full summary
Appeal from the circuit court of Carroll county. Hon. C. A. McLean, Judge. Suit by S. A. Floyd against the Sorthern' Bailway Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Contributory negligence is so clearly made out that the court ought to have instructed the jury to find for the appellant. In Corcoran v. St. Louis, 1. M. & S. B. Co., 16 S. W. 413, the supreme court of Missouri said: “Whether in any particular case the plaintiff was guilty of contributory negligence is generally a question of fact for the determination of…
1Opinion of the Court
McLain, C.
This is an appeal’from the circuit court of Carroll county by the ..Southern Railway Company from a judgment of three thousand, three hundred and fifty dollars rendered against it in favor of S. A. Floyd for injuries alleged to have been received by him by reason of the appellant having blocked with its cars the public road crossing at Malmaison.
We will first give the leading facts. Malmaison is a small railroad station on appellant’s railway line. At this point its road runs east and west. The side track or switch lies and runs parallel to the main line, immediately north of it.…
Also in this document: Per curiam.
2Cases cited1 opinion
- Mississippi Central Railroad v. MasonMississippi Supreme Court · 1875
3Cited by11 opinions
- Hanlon Drydock & Shipbuilding Co. v. Southern Pacific Co.California Court of Appeal · 1928
- Magers v. Okolona, Houston & Calhoun City R.Mississippi Supreme Court · 1936
- Luedeke v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1930
- Myrick v. HolifieldMississippi Supreme Court · 1961
- Gow Co., Inc. v. HunterMississippi Supreme Court · 1936
6 more not listed; retrieve them via the Exa API.