Baldwin's v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
Eeom tbe circuit court of, first district, Hinds county. Ho-N. Wiley H. Pottee, .Judge. Baldwin’s executor, appellee, was plaintiff in tbe court below ; tbe railway' company, appellant, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to tbe supreme court.
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Eeom tbe circuit court of, first district, Hinds county. Ho-N. Wiley H. Pottee, .Judge. Baldwin’s executor, appellee, was plaintiff in tbe court below ; tbe railway' company, appellant, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to tbe supreme court. Tbe facts, as stated by ActdeesoN, J., were these: — “Appel-lee’s intestate, Eugene E. Baldwin, sued tbe appellant, tbe Alabama & Vicksburg Railway Company, for $732 damage claimed to have been done him by the appellant in tbe destruction of bis peach orchard of three hundred thirty-six trees by fire set out by…
1Opinion of the Court
ANdeesoN, J".
(after stating the facts as above.) delivered the opinion of the court.
There was no error in refusing instruction No. 1 for the defendant, because not applicable to the facts of this case. This instruction was asked on the authority of Morier v. Railway Co., 31 Minn. 351, 17 N. W. 952, 41 Am. Rep. 793. In that -case the court held that the railroad company was not responsible for the fire which destroyed the property of the plaintiff, set out by the section hands for the purpose of warming their food, because in so doing they were not engaged about the master’s business. They…
2Cases cited2 opinions
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Mobile & Ohio Railroad v. StinsonMississippi Supreme Court · 1896
3Cited by2 opinions
- Adams v. Southern Bell Telephone & Telegraph Co.Court of Appeals for the Fourth Circuit · 1924
- Wofford v. JohnsonMississippi Supreme Court · 1964