Davis v. Day
Mississippi Supreme Court
Appeal from circuit court of 'Clarke county. Hon. J. D. Fatheree, Judge. Action by Eva C. Day against James C. Davis, Director General, Agent, etc., for the Mobile & Ohio Railroad Company. Judgment for the plaintiff, and defendant appeals. The peremptory instruction for the defendant ought to have been granted in this case. The statute upon which this suit is based was for the protection of passengers, and passengers alone.
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Appeal from circuit court of 'Clarke county. Hon. J. D. Fatheree, Judge. Action by Eva C. Day against James C. Davis, Director General, Agent, etc., for the Mobile & Ohio Railroad Company. Judgment for the plaintiff, and defendant appeals. The peremptory instruction for the defendant ought to have been granted in this case. The statute upon which this suit is based was for the protection of passengers, and passengers alone. Plaintiff came into Shubuta on a passenger train with her husband and two little girls. It is the declaration and purpose of the statute that the station must be kept open…
1Opinion of the CourtHolden, J.
The appellee, Mrs. Eva C. Day, recovered a judgment for five hundred dollars against the appellant agent of the railroad company for its failure to heat and light its passenger waiting room at Shubuta, under section 4867, Code of 1906 (section 7652, Hemingway’s Code), and the agent appeals.
The appellee, Mrs. Day, with her husband and two children, boarded the passenger train at Mobile and arrived at Shubuta at twelve o’clock at night in February, 1920. The weather was extremely cold. Mrs. Day disembarked and went to the waiting room, took hold of the door, and found the room was unlighted and…
2Cited by1 opinion
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