Metcalf v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
Erom the circuit court of, first district,'Bolivar county. Hon. James M. Cashin, Judge. Metcalf, executor of the will of Conly, deceased, appellant, was plaintiff in the court below, and the railroad company, appellee; was defendant there. The suit was instituted by Conly in his lifetime, he died before the trial, and the suit was revived in the name of his executor.
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Erom the circuit court of, first district,'Bolivar county. Hon. James M. Cashin, Judge. Metcalf, executor of the will of Conly, deceased, appellant, was plaintiff in the court below, and the railroad company, appellee; was defendant there. The suit was instituted by Conly in his lifetime, he died before the trial, and the suit was revived in the name of his executor. Erom a judgment, predicated of a peremptory' instruction, in defendant’s favor, plaintiff appealed to the supreme court. The opinion of the court states the facts. In this case the appellant was entitled to recover, first, if…
1Opinion of the Court
Mayes, C. L,
delivered the opinion of the court.
In 1908 J. B. Conly instituted suit against the Yazoo & Missippi Valley Raiboad Company for the purpose of recovering damages for injuries alleged to have been sustained by him, :some time in September of that year, by falling ixxto- an ex*463cavation made by the company around its depot at Duncan, Miss., which, it is claimed, was negligently left open without warning light or safety guard. Conly alleges that he fell while at the depot for the purpose of taking passage on a train, due about 10 or 15 minutes after he entered the depot, and about 7:20…
2Cases cited1 opinion
- Andrews v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1905
3Cited by7 opinions
- Ahlquist v. Mulvaney Realty Co.Montana Supreme Court · 1944
- Indiana Union Traction Co. v. HiattIndiana Court of Appeals · 1916
- Gulf, M. N.R. Co. v. SparkmanMississippi Supreme Court · 1938
- Atkinson v. Dixie Greyhound Lines, Inc.Court of Appeals for the Fifth Circuit · 1942
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
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