Hope v. Natchez, Columbia & Mobile Railroad
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Hon. M. H. Wilkinson, Judge. Suit by Lee Hope against the Natchez, Columbia & Mobile Railroad Company et al. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. A peremptory instruction having been given by the court, the evidence introduced by the plaintiff for the purposes of this hearing, must be taken as true.
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Appeal from the circuit court of Lincoln county. Hon. M. H. Wilkinson, Judge. Suit by Lee Hope against the Natchez, Columbia & Mobile Railroad Company et al. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. A peremptory instruction having been given by the court, the evidence introduced by the plaintiff for the purposes of this hearing, must be taken as true. The question for this court to decide then is: “Does the evidence for the plaintiff make-*out a prima facie case,”' and, if it does the instruction ought to have not been given.…
1Opinion of the CourtSmith, J.
Appellee Butterfield Lumber Company is a corporation operating a logging railroad, and appellant was employed by it as a brakeman. Appellee’s cars were equipped with the old-style link and pin couplers. In order to couple cars thus equipped, it is necessary for the person making the coupling to go between the cars, taking hold of the link, which is usually attached to the *828drawhead of the moving car, and insert it in the draw-head of the car to which the other car is to be coupled. On the occasion in question appellant, was engaged in making such a coupling, and exercised all necessary care in…
2Cases cited2 opinions
- White v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1894
- Kneale v. DukateMississippi Supreme Court · 1908
3Cited by7 opinions
- Odom v. WalkerMississippi Supreme Court · 1943
- Gulfport Creosoting Co. v. WhiteMississippi Supreme Court · 1934
- Mississippi Central Railroad v. BennettMississippi Supreme Court · 1916
- Lampton v. AtkinsMississippi Supreme Court · 1922
- Alabama & V. Ry. Co. v. WhiteMississippi Supreme Court · 1913
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