Jordon v. Gulp & Ship Island Railroad
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. A. Leathers, Special Judge. Suit by T. N. Jordon against the Gulf & Ship Island Railroad Company et al. From a judgment for defendant, plaintiff appeals. The facts disclosed by the record are, in substance, as follows: Appellant purchased from one McSwain forty head of oxen at Hattiesburg, Miss., and instructed McSwain to load them on two cars of the Gulf & Ship Island Railroad.
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Appeal from the circuit court of Harrison county. Hon. J. A. Leathers, Special Judge. Suit by T. N. Jordon against the Gulf & Ship Island Railroad Company et al. From a judgment for defendant, plaintiff appeals. The facts disclosed by the record are, in substance, as follows: Appellant purchased from one McSwain forty head of oxen at Hattiesburg, Miss., and instructed McSwain to load them on two cars of the Gulf & Ship Island Railroad. The oxen were loaded on said cars October 11, 1910, about 5 p. m. They were shipped by way of the Gulf & Ship Island Railroad to Jackson, Miss., arriving at 9…
1Opinion of the Court
Whitfield, C.
It was clearly error to allow McSwain to testify that Jordan had not paid him for the oxen. The ownership of the oxen was plainly in Jordan; and whether he had paid McSwain, or not, was entirely immaterial to the issue.
*26The third instruction for the appellee was erroneous in telling the jury that the plaintiff could not recover for the death of any ox, unless they believe that ox died solely from the fault of the Illinois Central Railroad Company. The true rule on this subject is thus stated in Thompson on Negligence (2 Ed.), vol. 1, sec. 56, p. 60: “ The true course of reasoning…
Also in this document: Per curiam.
2Cases cited6 opinions
- Boehl v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
- Chicago, St. Louis & New Orleans Railroad v. AbelsMississippi Supreme Court · 1883
- Mobile & Ohio R. R. v. Tupelo Furniture Mfg. Co.Mississippi Supreme Court · 1889
- Western Railway v. HarwellSupreme Court of Alabama · 1892
- Paramore v. Western RailroadSupreme Court of Georgia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Illinois Central Railroad v. JordanMississippi Supreme Court · 1914