Mobile, Jackson & Kansas City Railroad v. Kea
Mississippi Supreme Court
Appeal from the circuit court of Neshoba county. Hon. C. L. Dobbs, Judge. Suit by J. J. Kea against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. 1. The injury complained of not having been inflicted by the running of the locomotives or cars of appellant, as in section 1985 of the Code, raising the presumption of negligence, does not apply.
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Appeal from the circuit court of Neshoba county. Hon. C. L. Dobbs, Judge. Suit by J. J. Kea against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. 1. The injury complained of not having been inflicted by the running of the locomotives or cars of appellant, as in section 1985 of the Code, raising the presumption of negligence, does not apply. M. J. & K. G. R. Go. v. Kea, 50 So. 628; Lowe v. A. & V. B. Go., 51 Miss. 9. 2. Before recovery can be had for injury to an animal which has…
1DissentSmith, C. J.
This is the second appearance of this case in this court, the facts on each appeal being practically the same. 96 Miss. 195, 50 So. 628. On the former appeal one of the assignments of error was that the court below erred in granting the railroad company a peremptory instruction. A majority of the court declined to reverse the case because of the refusal of the court below to grant this instruction; but it was reversed because of an error in the granting of instructions to the plaintiff.
As I understand the case as made by the evidence for the plaintiff, this trestle from which the animal fell…
2Cases cited1 opinion
- Mobile, Jackson & Kansas City Railroad v. KeaMississippi Supreme Court · 1909