Vicksburg & Meridian Railroad v. Phillips
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. HoN. T. J. Wharton, Judge. In August, 1885, the Vicksburg and Meridian Railroad Company ran an excursion train from Vicksburg to Jackson. The train was on the side track at Jackson, a brass band was inside of one of the cars playing, and the train began to move backward, preparatory to leaving for Vicksburg, when Jo. Brantley, a boy about eleven years old, attracted by the music, jumped on the train and entered the car.
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Appeal from the Circuit Court of Hinds County. HoN. T. J. Wharton, Judge. In August, 1885, the Vicksburg and Meridian Railroad Company ran an excursion train from Vicksburg to Jackson. The train was on the side track at Jackson, a brass band was inside of one of the cars playing, and the train began to move backward, preparatory to leaving for Vicksburg, when Jo. Brantley, a boy about eleven years old, attracted by the music, jumped on the train and entered the car. Aman, apparently an employee of the railroad company, came into the car, cursed Brantley and his companions, and ordered them…
1Opinion of the CourtCampbell, J.
The right of the administratrix to sue and recover whatever damages her intestate, might recover, if living, is indisputable. *703Code, §§'2078, 2079. If Jo. Brantley had sued, as he might, and died while the action was pending, it would have survived to his administrator by virtue of § 1513 of the code. Section 2078 authorizes the prosecution by the personal representative of any personal action whatever which the decedent might have commenced and prosecuted, and § 2079 specifically authorizes an action for any trespass done to the person or property, real or personal, of the decedent. The last…
2Cited by37 opinions
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- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
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