Terry v. New Orleans Great Northern Railroad
Mississippi Supreme Court
Appeal from the circuit court of Marion county. Hon. A. E. Weathbrsby, Judge. Suit by Mrs. A. H. Terry against the New Orleans Great Northern Railroad Company. From a judgment for defendant, the plaintiff appeals.
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Appeal from the circuit court of Marion county. Hon. A. E. Weathbrsby, Judge. Suit by Mrs. A. H. Terry against the New Orleans Great Northern Railroad Company. From a judgment for defendant, the plaintiff appeals. The facts are fully stated in the opinion of the court, From a very elaborate brief of counsel for appellee, it appears that this peremptory charge was given on the notion that there was no causal connection between the blocking of the public crossing by the railroad, and the injury inflicted on Mrs. Terry from which she sustained the damages. Since this case was appealed this court…
1Opinion of the CourtSmith, C. J.
On the occasion in question Dr. Bufkin, a physician, was on his way to the bedside of appellant, who was suffering intense pain and anguish incident to.the abnormal presentation of a child to which she was then about to give birth. The highway necessary to be traveled by Dr. Bufkin in reaching appellant’s home crossed the track of appellee’s railroad. When he reached the crossing, he found it blocked by an unusually long freight train. There was, according to his testimony, no opening in this train at any point, and it continued to obstruct the highway for a period of between thirty and forty…
2Cases cited4 opinions
- Cumberland Telephone & Telegraph Co. v. WoodhamMississippi Supreme Court · 1910
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TauerIndiana Supreme Court · 1911
- Yazoo & Mississippi Valley Railroad v. SmithMississippi Supreme Court · 1912
- Illinois Central Railroad v. EngleMississippi Supreme Court · 1912
3Cited by9 opinions
- Capelle v. Baltimore & Ohio Rd. Co.Ohio Supreme Court · 1940
- Tri-State Transit Co. v. MartinMississippi Supreme Court · 1938
- Magers v. Okolona, Houston & Calhoun City R.Mississippi Supreme Court · 1936
- Ellis B. Hall, Charles R. Hall and Eunice E. Hall v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Fifth Circuit · 1974
- Golden Saw Mill Co. v. JourdanMississippi Supreme Court · 1930
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