Alabama & V. Ry. Co. v. McGee
Mississippi Supreme Court
Appeal from the circuit court of Scott county. Hon. J. D. Cabe, Judge. Suit by Dr. T. Q. McGee against the Alabama & Vicksburg Railway Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Scott county. Hon. J. D. Cabe, Judge. Suit by Dr. T. Q. McGee against the Alabama & Vicksburg Railway Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. That the plaintiff was guilty of gross contributory negligence as a matter of law, cannot be questioned on this record; his going upon the track after seeing and knowing of the approach of the passenger train, even though he misjudged its distance from the crossing, does not relieve him from his own negligence. The supreme court of Louisiana in a…
1Opinion of the CourtHoldeN, J.
Appellee, Dr. T. Q. McGee, recovered judgment for eight thousand dollars against the appellant railroad *380company for serious personal injuries received by Mm on account of appellant’s passenger train striking his buggy at night -while appellee was crossing over its track in it at a highway crossing near Hickory. The verdict of the jury'and the judgment of the lower court are based upon the proof that appellant’s train approached the public highway, crossing at a speed of forty miles per hour, and failed to ring the bell or blow the whistle, while using a very dim and defective headlight on its…
2Cited by6 opinions
- Avent v. TuckerMississippi Supreme Court · 1940
- Hinds v. MooreMississippi Supreme Court · 1920
- Meridian Hatcheries, Inc. v. TroutmanMississippi Supreme Court · 1957
- Mississippi Power Co. v. ThomasMississippi Supreme Court · 1932
- Illinois Central R. R. v. BrashierMississippi Supreme Court · 1955
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