Yazoo & M. V. R. v. Walls
Mississippi Supreme Court
Appeal from tlie circuit court of Sharkey county. Hon. H. C. Mounger, Judge. Suit by Henry Walls against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals.
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Appeal from tlie circuit court of Sharkey county. Hon. H. C. Mounger, Judge. Suit by Henry Walls against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. This is an appeal from a judgment against appellant for two thousand and five hundred dollars damages, alleged to have been sustained by appellee as the result of a fall from a trestle on appellant’s road after having been wrongfully ejected from one of its passenger trains! On January 9,1913, appellee purchased from appellant’s agent a ticket from Duncan to Hardee, a station on appellant’s…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above). One of the assignments of error is that the court below erred in not granting appellant’s request for a peremptory instruction. A railroad company has the right to so arrang'e its schedules that some of its trains will not stop' at all of its stations, and in the absence of a special contract to the contrary is ordinarily under no obligation to stop its train and discharge a passenger at a station at which the train is not regularly scheduled to stop. Wells v. Railroad Co., 67 Miss. 24, 6 So. 737.
It is also true, as stated by counsel for appellant, that the…
2Cases cited3 opinions
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
- Plott v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Wells v. Alabama Great Southern RailroadMississippi Supreme Court · 1889