Alabama & V. Ry. Co. v. Kelly
Mississippi Supreme Court
Appeal from circuit court of Scott county. Hon. A. J. McLaurin, Judge. Action by H. E. Kelly against the Alabama & Vicksburg Bailway Company to recover for the death of William G. Kelly. Judgment for plaintiff, and defendant appeals.
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Appeal from circuit court of Scott county. Hon. A. J. McLaurin, Judge. Action by H. E. Kelly against the Alabama & Vicksburg Bailway Company to recover for the death of William G. Kelly. Judgment for plaintiff, and defendant appeals. We shall first present and discuss those assignments of error Avhich in our judgment go to the whole case and which, if sustained, will result, as we think, in a final disposition of the case in appellant’s favor,' presenting the other assignments of error afterwards. First. The court below should have sustained the appellant’s motion made when plaintiff r'ested…
1Opinion of the Court
Sykes, J.,
delivered the opinion of the court. •
The appellee, H. E. Kelly, instituted suit in the circuit court of Scott county against the appellant railway company for damages for the alleged wrongful death of his son, William G. Kelly4 a deaf and dumb boy about twelve years old, who was run over and killed by a train of the defendant railway company a short distance west of the corporate limits of Jackson. The jury returned a verdict in favor of the plaintiff for thirty thousand dollars, upon which judgment was entered in the circuit court, and from which judgment this appeal is here…
2Cases cited1 opinion
- Jamison v. Illinois Central RailroadMississippi Supreme Court · 1885
3Cited by11 opinions
- Dixie Drive It Yourself System v. MatthewsMississippi Supreme Court · 1951
- Frisby v. GraysonMississippi Supreme Court · 1953
- Young v. Columbus & G. Ry. Co.Mississippi Supreme Court · 1933
- Yazoo M.V.R. Co. v. LeeMississippi Supreme Court · 1927
- Illinois Cent. R. Co. v. LeeCourt of Appeals for the Fifth Circuit · 1954
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