Hamlin v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
Feom the circuit court of Tunica county. HoN. E. W. WilliamsoN, Judge. Action by appellant against appellee. From a judgment in favor of defendant, this appeal is prosecuted. The opinion states the facts.
Read the full summary
Feom the circuit court of Tunica county. HoN. E. W. WilliamsoN, Judge. Action by appellant against appellee. From a judgment in favor of defendant, this appeal is prosecuted. The opinion states the facts. Section 1808, code 1892, provides that in actions against railroad companies for damage to persons or property, proof of injury inflicted by the running of locomotives or cars of the defendant shall be prima facie evidence of the want of proper skill and care on the part of the company in reference to the injury. I submit that the verdict is wrong on the proof, and therefore a new trial…
1Opinion of the CourtCooper, C. J.
This is a suit brought by appellant against the appellee to recover the value of two mules killed by a train of the appellee. The circumstances of the killing were fully testified to by eye witnesses for the plaintiff and by the servants of the company in charge of the train and other eye witnesses for the defendant. Of this evidence it is sufficient to say that, according to the testimony for the plaintiff, the injury was negligently inflicted, lint, according to that for the defendant, it was unavoidable. By the first instruction for the plaintiff, the court told the jury that proof of the…
2Cases cited1 opinion
- Vicksburg & Meridian Railroad v. PhillipsMississippi Supreme Court · 1887
3Cited by3 opinions
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Southern Railway Co. v. MurrayMississippi Supreme Court · 1907
- Barnes v. Mobile & O. R.Mississippi Supreme Court · 1923