Yazoo & Mississippi Valley Railroad v. Block
Mississippi Supreme Court
Feom: the circuit court of Bolivar county. HoN. A. McC. Kimbrough, Judge. Block, the appellee, was plaintiff, and the railroad company, the appellant, defendant in the court below. From a j'udgment in. plaintiff’s favor tbe defendant appealed to the supreme court. The plaintiff was a fireman on an engine pulling a passenger train.
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Feom: the circuit court of Bolivar county. HoN. A. McC. Kimbrough, Judge. Block, the appellee, was plaintiff, and the railroad company, the appellant, defendant in the court below. From a j'udgment in. plaintiff’s favor tbe defendant appealed to the supreme court. The plaintiff was a fireman on an engine pulling a passenger train. This train was running into the town of Cleveland at the rate of twenty or twenty-five miles an hour, and as it was going into the town it ran into an open switch and collided with a freight train. Just before the collision, plaintiff saw the danger, and jumped off…
1Opinion of the Court
Cox, J.,
delivered tbe opinion of tbe court.
There was no error in granting tbe instruction for plaintiff below, who is appellee here. Tbe doctrine of contributory negligence bas no application to a case like tbis. Tbe undisputed facts of tbe case show tbat tbe collision, wbicb plaintiff jumped *434from bis engine to avoid, thereby sustaining the injuries for which suit was brought, was occasioned by the engine carrying the north-bound passenger train, on which engine plaintiff was fireman, running into an open switch (No. 1) in the south end of the Cleveland yards and striking an engine attached…
2Cases cited1 opinion
- Illinois Central Railroad v. BrownMississippi Supreme Court · 1899
3Cited by2 opinions
- St. Louis & San Francisco Railroad v. AultMississippi Supreme Court · 1911
- McParland-Scanlon Lumber Co. v. J. J. Newman Lumber Co.Court of Appeals for the Fifth Circuit · 1925