Yazoo & Mississippi Valley Railroad v. Payne
Mississippi Supreme Court
Prom the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Payne, the appellee, was plaintiff in the court below, and the railroad company, the appellant, was defendant there. Prom a judgment in favor of the plaintiff the defendant railroad company appealed to the supreme court.
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Prom the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Payne, the appellee, was plaintiff in the court below, and the railroad company, the appellant, was defendant there. Prom a judgment in favor of the plaintiff the defendant railroad company appealed to the supreme court. On November 10, 1906, a rapidly moving engine of the Yazoo & Mississippi Valley Railroad Company collided with two of appellee’s mules which happened to be upon the railroad track, killing them both. Thereupon appellee filed two separate suits simultaneously before a justice of the peace to recover $175…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
Under the authority of the case of Pittman v. Chrisman, 59 Miss., 124, it is perfectly plain that the justice’s court had no jurisdiction, and, of course, the circuit court had none on appeal. If the argument of the appellee was sound, then, if one thousand mules were killed on the same day by the same agency and under-exactly the same circumstances in every respect, one thousand suits must be instituted in the justice court, one for each mule, if the value of each mule is less-than $200.
Judgment reversed, and the suit dismissed, without…
2Cases cited1 opinion
- Pittman v. ChrismanMississippi Supreme Court · 1881
3Cited by4 opinions
- McVay v. CastenaraMississippi Supreme Court · 1928
- Browne v. Merchants Co.Mississippi Supreme Court · 1939
- Payne v. MooreMississippi Supreme Court · 1921
- Travis & Son v. F. A. Hulett & SonMississippi Supreme Court · 1932