Bell v. Southern Railway Co.
Mississippi Supreme Court
Prom the circuit court of Webster county. Hon. George A. McLean, Judge. Bell, the appellant, was plaintiff in the court below, and the railway company, appellee, was defendant there. Prom a judgment in favor of defendant the plaintiff appealed to the supreme court.
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Prom the circuit court of Webster county. Hon. George A. McLean, Judge. Bell, the appellant, was plaintiff in the court below, and the railway company, appellee, was defendant there. Prom a judgment in favor of defendant the plaintiff appealed to the supreme court. Appellant sued the railway company for injuries received through the alleged carelessness and negligence of the company. lie testified tliat, as lie stepped upon the bottom step of the appellee’s passenger coach, the train began to move and appellant’s heel struck a truck standing close to the railroad track, which caused him to…
1Opinion of the CourtFletcher, J.
Plaintiff’s testimony in this case tended to show, not that he boarded the train while it was in motion, but that he got upon *443the first step before tbe train started. Tbe train started immediately, and when plaintiff raised bis foot to advance to tbe second step bis beel was caugbt by an express truck, wbicb was standing against tbe railroad track so near tbe passing coacb as to strike plaintiff’s foot. Plaintiff .was knocked from tbe car steps and injured.
This being tbe case as made by tbe plaintiff’s testimony, it was error for tbe court to give a peremptory instruction for tbedefendant…
2Cases cited1 opinion
- Wooten v. Mobile & Ohio RailroadMississippi Supreme Court · 1901