Louisville, New Orleans & Texas Railroad v. Thompson
Mississippi Supreme Court
Appeal from the Circuit Court of Frauklin County. Hon. J. B. Chrisman, Judge. The south-bound passenger and the north-bound freight trains of the Louisville, New Orleans and Texas Railroad Company were accustomed to pass each other at a station named Knoxville. On January 28,1886, the freight train arrived first, as usual, and immediately took the side track, which was on the east side of the main track, as was the depot also.
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Appeal from the Circuit Court of Frauklin County. Hon. J. B. Chrisman, Judge. The south-bound passenger and the north-bound freight trains of the Louisville, New Orleans and Texas Railroad Company were accustomed to pass each other at a station named Knoxville. On January 28,1886, the freight train arrived first, as usual, and immediately took the side track, which was on the east side of the main track, as was the depot also. An opening was made at the depot by uncoupling the freight train and separating the two parts, as had been the usual custom. It was the custom of the depot agent,…
1Opinion of the CourtArnold, J.
The instructions given and refused, and the rulings of his" Honor, the circuit judge, throughout the trial display accurate •comprehension and discrimination as to the principles of law involved in the case. Without darkening counsel by words, and without exploring or attempting to make any contribution to the learning in regard to contributory negligence, it may be said with •entire confidence that on the facts produced in evidence by appellee, many of which are not controverted, appellant is answerable for •damages in the cause, unless a railroad company in the prosecution ■of its business…
2Cases cited2 opinions
- Murphy v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Bardwell v. Mobile & Ohio R. R.Mississippi Supreme Court · 1886
3Cited by3 opinions
- Dement v. SummerMississippi Supreme Court · 1936
- Zirkle v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1903
- Yazoo & Mississippi Valley Railroad v. ScottMississippi Supreme Court · 1909