New Orleans & Northeastern Railroad v. Brooks
Mississippi Supreme Court
From tbe circuit court of Pearl River county. Hon. William T. McDonald, Judge. Mrs. Brooks, tbe appellee, was plaintiff, and tbe railroad company, tbe appellant, defendant in tbe court below. Tbe suit was for tbe alleged wrongful killing of plaintiff’s husband. From a judgment for $1,999.98 and costs of suit in plaintiff’s favor the defendant appealed to the supreme court.
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From tbe circuit court of Pearl River county. Hon. William T. McDonald, Judge. Mrs. Brooks, tbe appellee, was plaintiff, and tbe railroad company, tbe appellant, defendant in tbe court below. Tbe suit was for tbe alleged wrongful killing of plaintiff’s husband. From a judgment for $1,999.98 and costs of suit in plaintiff’s favor the defendant appealed to the supreme court. The testimony for plaintiff was, in substance, as follows: Appellee’s husband was killed within the corporate limits of the town of Poplarville about dark by a freight train of appellant going south, running at a rapid…
1Opinion of the CourtTruly, J.
The court refused the appellant a peremptory instruction, but the theory of the defense, in each of its varying phases, was fully and fairly submitted for the determination of the jury. The sole question here presented is whether, under any view of the case, accepting as true, and giving the most favorable consideration to, the testimony of the appellee, this judgment can be sustained. That the employes of appellant were, guilty of negligence is manifest. To run an extra freight train, at an unusual time, through a thickly settled part of a town, at a rapid rate of speed, in the night time,…
2Cited by12 opinions
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- New Orleans G.N.R. Co. v. WaldenMississippi Supreme Court · 1931
- Alabama Great Southern Ry. Co. v. DaniellMississippi Supreme Court · 1914
- Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911
- Hamel v. Southern Ry. Co.Mississippi Supreme Court · 1917
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