Nichols v. Gulf & Ship Island Railroad
Mississippi Supreme Court
ITrom: the circuit court of, first district, Hinds county. HoN. Robert Powell, Judge. . Sylvester Nichols, administrator of the estate of Jack Nichols, deceased, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there.
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ITrom: the circuit court of, first district, Hinds county. HoN. Robert Powell, Judge. . Sylvester Nichols, administrator of the estate of Jack Nichols, deceased, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for the alleged wrongful killing by the railroad company of plaintiff’s intestate one Captain Jack Nichols, a ship carpenter by trade, who was in the Confederate States Navy and. served during the Civil War, 1861-1865, with Admiral Semmes,. on board the Confederate States steamers, the Sumter and the-Alabama. At the time of…
1Opinion of the Court
Truly, J.,
delivered tbe opinion of tbe court.
It is not necessary to examine or discuss in detail tbe numerous instructions given for tbe appellee by .tbe court below, nor tbe many objections urged by appellant thereto. Under any view of tbe facts of this case, as developed by tbe record, tbe right result was reached and tbe verdict must be approved. Granting that there was error in tbe instructions for appellee, this cannot avail tbe appellant, because no other verdict could rightfully be sustained.
This is not a case in which tbe statutory presumption of negligence can be invoked. (See…
2Cases cited3 opinions
- Illinois Central Railroad v. ArnolaMississippi Supreme Court · 1901
- Murdock v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1899
- Illinois Central Railroad v. LeeMississippi Supreme Court · 1894
3Cited by2 opinions
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Southern Railway Co. v. MurrayMississippi Supreme Court · 1907