Legal Opinion · Dissent

Yazoo & M. V. R. v. Walls

Mississippi Supreme Court

Decided October 15, 1915Published

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…

1DissentStevens, J.

I find myself nnahle to agree with the majority holding. My Brethern concede that a passenger “should inquire before embarking upon a train whether it will stop at a place to which he has purchased his ticket,” yet they say:

“The servants of a railroad company are not relieved of all duty in this connection toward a passenger who has mistakenly embarked upon a train not scheduled to- stop at the place to which he has purchased a ticket. They should inform him of that fact upon the discovery thereof.”

Appellee in his own testimony says that when he purchased the ticket “there wasn’t any…

2Cases cited18 opinions

  1. Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
  2. Chicago & Alton Railroad v. RandolphIllinois Supreme Court · 1870
  3. Beauchamp v. I. & G. N. R'y Co.Texas Supreme Court · 1882
  4. Logan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  5. Carter v. Southern Ry.Supreme Court of South Carolina · 1906

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