Billingsley v. Illinois Central R. R.
Mississippi Supreme Court
Appeal from tlie circuit court of Att'ala county. Hon. Gr. A. McLean, Judge. Suit by Mrs. Dora Billingsley against tbe Illinois Central Bailroad Company. From a judgment for defendant, plaintiff appeals. Tbe facts are stated in tbe opinion of tbe court.
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Appeal from tlie circuit court of Att'ala county. Hon. Gr. A. McLean, Judge. Suit by Mrs. Dora Billingsley against tbe Illinois Central Bailroad Company. From a judgment for defendant, plaintiff appeals. Tbe facts are stated in tbe opinion of tbe court. We submit that tbe question of -whether tbe negligent failure of tbe engineer to whistle and ring tbe bell as provided by the law for just sucb eases as this, was the proximate cause of the injury, is one which should have been submitted to the jury for their determination,' and should not have been arbitrarily determined by the court; and it…
1Opinion of the Court
McLean, J,,
delivered the opinion of the court.
This is a suit by 'the appellant against appel Lee for personal injuries caused by the running of the cars. The plaintiff was injured in an effort to reach her seventeen months old baby, and to save, as she supposed, its life. The plaintiff’s home was situated a very short distance, between thirty-five and forty steps, from the railroad track. She was in her house, and came out on the gallery, and, missing her baby girl, saw her cm or near the *622railroad track, and at the same time saw the approaching train. Immediately the mother frantically ran to…
2Cases cited2 opinions
- Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911
- Skipwith v. Mobile & Ohio RailroadMississippi Supreme Court · 1909
3Cited by7 opinions
- Thompson v. Mississippi Cent. R.Mississippi Supreme Court · 1936
- Gulf, M. N.R. Co. v. AddkisonMississippi Supreme Court · 1940
- Yazoo & M. V. R. v. CoxMississippi Supreme Court · 1923
- Illinois Central Railroad v. SandersMississippi Supreme Court · 1956
- Illinois Central R. R. v. BrashierMississippi Supreme Court · 1955
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