Henderson & Mathis v. Hines
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit by Henderson & Mathis against W. D. Hines, Director General of Bailroads. From a verdict for defendants, plaintiffs appeal.
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Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit by Henderson & Mathis against W. D. Hines, Director General of Bailroads. From a verdict for defendants, plaintiffs appeal. The facts are fully stated in the opinion of the court The first instruction set out on page 6 for the defendant is erroneous because not in accordance witli the evidence and because it is not the law that the engineer is required to keep no lookout for stock; it is the duty under the law for the engineer to keep a lookout for stock or any other obstruction on the track in front of his train.…
1Opinion of the CourtEthridge, J.
Appellants brought suit against appellee for injury to a- mule, resulting in the necessity of killing the mule, making it a total loss to the plaintiffs; the suit being for two hundred and seventy-five dollars. It appeared -that the appellants were a firm dealing in mules, and they turned a drove of mules, including the one injured, into the pasture of one Fender; a track of the Mississippi Central Railroa,d Company running through this pasture. The mule was injured at night, and Mr. Fender was introduced as a witness for the plaintiffs, and testified that he saw the train and the mules on…
2Cases cited10 opinions
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Mississippi Central Railroad v. MillerMississippi Supreme Court · 1866
- New Orleans, Jackson & Great Northern Railroad v. FieldMississippi Supreme Court · 1872
- Yazoo & Mississippi Valley Railroad v. FrazierMississippi Supreme Court · 1913
- Mississippi Central R. v. MorrisonMississippi Supreme Court · 1914
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