Jones v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John N. Bush, Judge. Jones and others, appellants, were plaintiffs in the court below; the railroad company, appellee, was defendant there. From a judgment in favor of the railroad company, predicated of a peremptory instruction, the plaintiffs appealed to the supreme court.
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From the circuit court of Warren county. Hon. John N. Bush, Judge. Jones and others, appellants, were plaintiffs in the court below; the railroad company, appellee, was defendant there. From a judgment in favor of the railroad company, predicated of a peremptory instruction, the plaintiffs appealed to the supreme court. The plaintiffs were the next of kin to Scott Jones, a locomotive engineer of the defendant, who was fatally injured by the derailment of the engine which he was operating, caused by striking a cow on the track; the body of the animal passed under the wheels of the engine and…
1Opinion of the CourtMates, J.
On the hearing of this case, after the testimony was all in and the ease fully developed, the circuit judge gave a peremptory instruction to find for the railroad company. We think the action of the court was proper. The facts proven did not warrant a recovery. The appliance which it is claimed was defective, and by reason of which it is alleged that Scott Jones lost his life, is one of a kind in universal use and approved by the experience of-a number of railroads, and in itself is not defective or unsafe. The change desired in the appliance, which it is contended the railroad company…
2Cases cited1 opinion
- Hatter v. Illinois Central RailroadMississippi Supreme Court · 1892
3Cited by2 opinions
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- Vehicle Woodstock Co. v. BowlesMississippi Supreme Court · 1930