Legal Opinion

Jackson Light & Traction Co. v. Taylor

Mississippi Supreme Court

Decided October 15, 1916PublishedCited by 3 opinions

Appeal from the circuit court of Hinds county. HoN. E. L. BeieN, Presiding Judge. Suit by Ruby Taylor, by her next friend, Dick Taylor,, ag’ainst the Jackson Light & Traction Company. Prom a judgment for plaintiff, defendant appeals.

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Appeal from the circuit court of Hinds county. HoN. E. L. BeieN, Presiding Judge. Suit by Ruby Taylor, by her next friend, Dick Taylor,, ag’ainst the Jackson Light & Traction Company. Prom a judgment for plaintiff, defendant appeals. This action was instituted in the circuit court of Hinds county by Ruby Taylor, a minor of the age of ten years, suing by her next friend, to recover damages for the alleged negligence of the Jackson Light & Traction Company in carrying plaintiff beyond her destination. Ap-pellee was allowed to recover punitive damages, and from a judgment awarding the sum of…

1Opinion of the CourtStevehs, J.

Instruction No. 1, in our opinion, was erroneous in two particulars. In the first place, it assumes that the signal was properly, given, and the conductor recognized or “caught” it. In the second place, it authorizes a recovery for failure to hack the car “when requested so to do.” The only signal given as they approached Euclid street was the signal of a little girl, nine years, old, and that signal was given by raising the hand. Neither of the witnesses for the plaintiff undertakes to say that the conductor saw the uplifted hand, or recognized it as a signal to stop. The evidence on this…

2Cases cited4 opinions

  1. Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
  2. Miss. & Tenn. R. R. v. GillMississippi Supreme Court · 1888
  3. Illinois Central Railroad v. Brookhaven Machine Co.Mississippi Supreme Court · 1893
  4. Jackson Electric Railway, Light & Power Co. v. LowryMississippi Supreme Court · 1901

3Cited by3 opinions

  1. McAlister v. State Ex Rel. WaltonSupreme Court of Oklahoma · 1923
  2. New Orleans N.E.R. Co. v. MartinMississippi Supreme Court · 1925
  3. Louisville N.R. Co. v. BlairMississippi Supreme Court · 1929

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