Roberds v. Mobile & Ohio Railroad
Mississippi Supreme Court
From the circuit court of Monroe county. Roherds, the appellant, sued the Mobile & Ohio Railroad Company before a justice of the peace for the value of a mule which had been killed by a locomotive of the company in a stock law district, a portion of the county in which it was unlawful to allow live stock to. roam at large, and recovered in the justice’s court a judgment for one hundred dollars; the defendant appealed to the circuit court, where a trial ele novo was had…
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From the circuit court of Monroe county. Roherds, the appellant, sued the Mobile & Ohio Railroad Company before a justice of the peace for the value of a mule which had been killed by a locomotive of the company in a stock law district, a portion of the county in which it was unlawful to allow live stock to. roam at large, and recovered in the justice’s court a judgment for one hundred dollars; the defendant appealed to the circuit court, where a trial ele novo was had before a jury. Under a peremptory instruction from the court, the verdict was for defendant, and plaintiff appealed from the…
1Opinion of the CourtStockdale, J.
It is assigned as error in this cause that the court below gave a peremptory instruction to the jury to find for defendant. Counsel for appellee, to sustain that action, present three propositions: (1) The mule was killed in the stock law district of Monroe county, while running at large, and hence a trespasser; and the owner is barred of recovery by contributory negligence. (2) Gross and wilful negligence is not shown. (3) Appellee is not liable, under the proof, in any event. Many authorities are cited to show that before the passage of the stock law, where the court held railroad companies…
2Cases cited1 opinion
- Vicksburg & Meridian Railroad v. PhillipsMississippi Supreme Court · 1887
3Cited by3 opinions
- Chattanooga Ry. & Light Co. v. BettisTennessee Supreme Court · 1917
- St. Louis S. F. R. Co. v. BrownSupreme Court of Oklahoma · 1912
- O'Kelly v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1909