Welsh v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
From the circuit court of Warren county. Hon. J. D. Gilland, Judge. Appellant, Welsh, was a switchman in the employ of appellee, the Alabama & Vicksburg Railway Co., his duty being to ride upon the switch-engine, and open and close switches and couple cars. His usual station was on the “ foot-board” of the engine.
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From the circuit court of Warren county. Hon. J. D. Gilland, Judge. Appellant, Welsh, was a switchman in the employ of appellee, the Alabama & Vicksburg Railway Co., his duty being to ride upon the switch-engine, and open and close switches and couple cars. His usual station was on the “ foot-board” of the engine. This appliance, which occupies on switch-engines the position occupied on ordinary engines by the pilot, is a level board or platform, a step above the ground, firmly attached to the front of the engine, and intended mainly for the use of the switchman. Welsh was injured by falling…
1Opinion of the Court
Woods, J.,
delivered tbe opinion of tbe court.
In considering tbe action of the court below on the second trial, in giving tbe peremptory instruction for tbe appellee, we excl ude all reference to tbe controverted fact of a settlement by the railway company for tbe injuries complained of? and a release by the appellant. That question was not involved in the action of tbe court.
Tbe peremptory instruction rests upon tbe assumption that tbe appellant’s case, as made by all the evidence, including bis own, failed t.o make any issue of fact upon which a jury could be properly called to pass.…
2Cited by3 opinions
- Illinois Cent. R. v. IhlenbergCourt of Appeals for the Sixth Circuit · 1896
- Buckner v. Richmond & Danville RailroadMississippi Supreme Court · 1895
- Yazoo & Mississippi Valley Railroad v. ParkerMississippi Supreme Court · 1906