Southern Railway Co. v. Lanning
Mississippi Supreme Court
Feom: tbe circuit court of Alcorn county. HoN. EugeNe O. SyKES, Judge. Lanning, appellee, was plaintiff, and tbe railway company, appellant, was defendant in tbe court below. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court.
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Feom: tbe circuit court of Alcorn county. HoN. EugeNe O. SyKES, Judge. Lanning, appellee, was plaintiff, and tbe railway company, appellant, was defendant in tbe court below. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe evidence for plaintiff was to tbe effect tbat defendant’s train was scheduled to stop at Glen, a flag station on its road, when signaled by those desiring to take passage thereon; tbat plaintiff, who was a physician, lived at Corinth, and was at Glen station January 21, 1902, and desired to board tbe passenger train for bis home; tbat…
1Opinion of the CourtTeuly, J.
The second instruction given for appellee is erroneous. It *167tells tbe jury that if they believe “that the engineer, or other employees, saw Tanning's signal, and their failure to stop the train was either willful or capricious on their part,” then they were authorized to impose punitive damages. There was no proof to sustain the proposition that any “other employees” Saw the signal, and the testimony leaves it uncertain as to whether or not the engineer saw it. Another defect in the instruction is that it should have stated that if the engineer “saw and understood the signal to stop,” as was…
2Cases cited2 opinions
- Wilson v. New Orleans & Northeastern R. R.Mississippi Supreme Court · 1885
- Yazoo & Mississippi Valley Railroad v. WhiteMississippi Supreme Court · 1903
3Cited by3 opinions
- St. Louis & San Francisco Railroad v. AultMississippi Supreme Court · 1911
- Burns v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1908
- Saint Louis & San Francisco Railroad v. GarnerMississippi Supreme Court · 1910