Illinois Central Railroad v. Engle
Mississippi Supreme Court
Appeal from the circuit court of Attala county. Hon. G. A. McLean, Judge. Suit by Mrs. Eliza Engle against the Illinois Central Railroad Company. From a judgment- for plaintiff, ■defendant appeals. The facts are fully stated in the opinion of the court. Now it appears from the testimony of plaintiff that this crossing was blocked about fifty-four minutes in all, going and coming.
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Appeal from the circuit court of Attala county. Hon. G. A. McLean, Judge. Suit by Mrs. Eliza Engle against the Illinois Central Railroad Company. From a judgment- for plaintiff, ■defendant appeals. The facts are fully stated in the opinion of the court. Now it appears from the testimony of plaintiff that this crossing was blocked about fifty-four minutes in all, going and coming. It must be manifest to the court from the testimony in this record, as it is to us, that the ■only damage which Mrs. Engle suffered, if any. was from the delay merely. The amount of her recovery in this case exceeded…
1Opinion of the CourtReed, J.
' The appellee sued to recover from appellant actual and punitive damages sustained by reason of her detention at a crossing blocked by appellant’s trainmen. There was a verdict for one thousand dollars. Appellee was ill and went in a buggy to see a physician about eleven miles from her home. On the trip it was necessary to cross appellant’s railroad track. In going, the track was blocked for twelve - minutes, and in returning for forty-two minutes.
Under the statute, the crossing could have been blocked each time for five minutes. Section 4049, Code 1906. The appellee was kept waiting in the…
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