Mississippi Home Insurance v. Louisville, New Orleans & Texas Railway Co.
Mississippi Supreme Court
From the circuit court of Warren county. Hon. J. H. G-illand, Judge. The facts are stated in the opinion. The first instruction asked was correct. It is the one approved in Railway Co. v. Railroad Co., 67 Miss., 399. It was error for the court to burden it with a modification suggesting contributory negligence. It was error to modify the fifth instruction, which defines negligence, by requiring that the circumstances should be known to the defendant.
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From the circuit court of Warren county. Hon. J. H. G-illand, Judge. The facts are stated in the opinion. The first instruction asked was correct. It is the one approved in Railway Co. v. Railroad Co., 67 Miss., 399. It was error for the court to burden it with a modification suggesting contributory negligence. It was error to modify the fifth instruction, which defines negligence, by requiring that the circumstances should be known to the defendant. It would have been amply sufficient if the defendant had reason to believe that these circumstances existed. Besides, if they did'not know, they…
1Opinion of the CourtCooper, J.
This suit was instituted by the administrators of S. Spengler to recover against the appellee damages for the loss of certain mills and machinery, sustained by the heirs of the intestate, resulting from a fire alleged to have been negligently set out by the servants of the defendant company. After the-suit had been brought, the appellant, who had insured the property against loss by fire, paid to the administrators the amount of such insurance, and took an assignment of the-right of action, and was admitted to prosecute the suit.
The evidence, so far as it is material to the consideration of…
2Cases cited5 opinions
- Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881
- Burlington & Missouri R. R. v. WestoverNebraska Supreme Court · 1876
- Ohio & Mississippi Railroad v. ShanefeltIllinois Supreme Court · 1868
- Philadelphia & Reading Railroad v. HendricksonSupreme Court of Pennsylvania · 1876
- Illinois Central Railroad v. NunnIllinois Supreme Court · 1869
3Cited by7 opinions
- Lake Erie & Western Railroad v. McFallIndiana Supreme Court · 1905
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- North Bend Lumber Co. v. City of SeattleWashington Supreme Court · 1921
- Alabama & Vicksburg Railway Co. v. Aetna InsuranceMississippi Supreme Court · 1903
- Freeman v. NathanCourt of Appeals of Texas · 1912
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