Legal Opinion

Jackson v. Mobile & Ohio Railroad

Mississippi Supreme Court

Decided November 15, 1906PublishedCited by 1 opinion

From the circuit court of Noxubee count y. IIon. Robert F. Cochran, Judge. The appellants, Mrs. Jackson and others, the widow and children of W. R. Jackson, who met his death in the accident giving rise to the suit, were plaintiffs, and the railroad company was defendant, in the court below.

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From the circuit court of Noxubee count y. IIon. Robert F. Cochran, Judge. The appellants, Mrs. Jackson and others, the widow and children of W. R. Jackson, who met his death in the accident giving rise to the suit, were plaintiffs, and the railroad company was defendant, in the court below. The court below sustained defendant’s demurrer to plaintiffs’ replication to defendant’s plea of contributory negligence, and, plaintiffs declining to plead further, judgment was given for defendant, and the plaintiffs appealed to the supreme court. The opinion of the court states the case as presented by…

1Opinion of the Court

Mayes, J.,

delivered the opinion of the court. ■

At the February term, 1906, of the circuit court of Noxubee county, Mrs. Jackson and others sued the Mobile & Ohio Rail*36road Company for $25,000 for the killing of W. R. Jackson, husband of Mrs. Jackson and father of the other parties named in the declaration. The declaration alleges that W. R. Jackson was returning home from the city of Macon, driving on a public highway which crossed the Mobile & Ohio Railroad at what is known as the “levee crossing,” about one and one-half miles from Macon; that W. R. Jackson, exercising all the care and…

2Cases cited6 opinions

  1. Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
  2. Illinois Central Railroad v. McLeodMississippi Supreme Court · 1900
  3. Winterton v. Illinois Central RailroadMississippi Supreme Court · 1896
  4. Crawley v. Richmond & Danville RailroadMississippi Supreme Court · 1892
  5. Hopson v. Kansas City, Memphis & Birmingham RailroadMississippi Supreme Court · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Illinois Central Railroad v. DanielsMississippi Supreme Court · 1909

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