Mullins v. Illinois Central Railroad
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. Robert L. Rullard, Judge. Mullins, an infant, suing by his father as next friend, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment, predicated of a peremptory instruction, in defendant’s favor, paintiff appealed to the supreme court. The opinion of the court states the facts.
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From the circuit court of Copiah county. Hon. Robert L. Rullard, Judge. Mullins, an infant, suing by his father as next friend, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment, predicated of a peremptory instruction, in defendant’s favor, paintiff appealed to the supreme court. The opinion of the court states the facts. We find no fault with the general rule, upon which the court below seems to have acted, that where a passenger wilfully boards a train with the intent of beating his way, it is too late, •after the train has…
1Opinion of the CourtCalhoon, J.
The appellant is a crippled boy, who got on the train with his suit case and no money to go from Brookhaven to his home at Hazlehurst, a few stations away. When called on for his fare he answered that he had no ticket nor money to pay his fare, and was told he would' have to pay his fare or get off.. Accordingly the conductor, with proper consideration for the *187boy, took him as far as the town of Wesson, which town was not a stopping place for that train. The conductor and the hoy went to the front door of the coach, and the flagman was there to assist the boy in getting off. There was no…
2Cited by1 opinion
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