Illinois Central Railroad v. Latham
Mississippi Supreme Court
Feom the circuit court of the first district of Panola county. Hon. EugeNE JohnsoN, Judge. Action by Lincoln Latham against the Illinois Central Railroad Company to recover damages for personal injuries. The facts are stated in the opinion. There was a judgment for plaintiff for §2,500. Motion for a new trial overruled, and defendant appeals. On the facts of this case plaintiff was not entitled to recover.
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Feom the circuit court of the first district of Panola county. Hon. EugeNE JohnsoN, Judge. Action by Lincoln Latham against the Illinois Central Railroad Company to recover damages for personal injuries. The facts are stated in the opinion. There was a judgment for plaintiff for §2,500. Motion for a new trial overruled, and defendant appeals. On the facts of this case plaintiff was not entitled to recover. If we concede that the brakeman had authority generally to eject trespassers from freight trains, we think that this ’case comes within the principle laid down in the New York cases, to the…
1Opinion of the CourtWhitfield, J.
Accepting the plaintiff’s testimony as true, it appears that he was riding on top of the coach to avoid the payment of his fare, and did not go back to the caboose because he feared the conductor would say something. He got on at Memphis to go to Sardis. The fare was $1.50. The brakeman did not demand $1.50, but fifty cents; he did not eject him when the demand for fifty cents was first made and declined, and not until the transit was nearly terminated. Under the rules, introduced by plaintiff, and as explained by Homek Williams, a witness for plaintiff, it would have been the duty of the…
2Cases cited2 opinions
- Bess v. Chesapeake & Ohio RailroadWest Virginia Supreme Court · 1891
- Alabama & Vicksburg Railway Co. v. McAfeeMississippi Supreme Court · 1893
3Cited by16 opinions
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- Richberger v. American Express Co.Mississippi Supreme Court · 1895
- Dalrymple v. Covey Motor Car Co.Oregon Supreme Court · 1913
- Odier v. SumrallMississippi Supreme Court · 1978
- Dixon v. Northern Pacific Railway Co.Washington Supreme Court · 1905
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