Mobile & Ohio Railroad v. McArthur
Mississippi Supreme Court
Error to the circuit court of Clarke county. Leachman, J. The plaintiffs in error assigned the following errors: 1st. The court below erred in overruling the demurrer to the evidence of the plaintiff below. 2d. In overruling the demurrer the court erred in rendering jugment final for ten thousand dollars, without reference to a jury to assess the damages. 3d.
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Error to the circuit court of Clarke county. Leachman, J. The plaintiffs in error assigned the following errors: 1st. The court below erred in overruling the demurrer to the evidence of the plaintiff below. 2d. In overruling the demurrer the court erred in rendering jugment final for ten thousand dollars, without reference to a jury to assess the damages. 3d. The court erred in overruling the motion of defendant below, to set aside the judgment of the court* Defendant in error sued for damages, alleging that plaintiff in error, as common carriers, had damaged him by carrying Mm five miles…
1Opinion of the Court
Simrall, J.:
James McArthur sued the Mobile and Ohio Eailroad Company to recover damages on the following state of facts : McArthur, about 8 or 9 o’clock at night, went aboard the freight train of the company, at Enterprise, as a passenger, and paid his passage to Quitman, where he was to get off. The train did not stop at Quitman, and he was carried down the road five miles further, and walked back, through the rain, to Quitman, arriving there about 12 or 1 o’clock, at night. McArthur was subject to chronic rheumatism. The Mobile and Ohio Eailroad Company pleaded not guilty. Upon which issue…
2Cases cited2 opinions
- Young v. BlackSupreme Court of the United States · 1813
- Fowle v. Common Council of AlexandriaSupreme Court of the United States · 1826
3Cited by11 opinions
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Hutchinson v. RailroadSupreme Court of North Carolina · 1905
- Diamond Rubber Co. v. WernickeMissouri Court of Appeals · 1912
- Washington, Alexandria, & Mt. Vernon Railway Co. v. LukensCourt of Appeals for the D.C. Circuit · 1909
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
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