Winterton v. Illinois Central Railroad
Mississippi Supreme Court
From the circuit court of the second district of Panola county. Hon. Eugene Johnson, Judge. The appellant, Thomas Winterton, was a justice of the peace, and was engaged in hearing a case, in his office in the courthouse, at Batesville, Miss.
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From the circuit court of the second district of Panola county. Hon. Eugene Johnson, Judge. The appellant, Thomas Winterton, was a justice of the peace, and was engaged in hearing a case, in his office in the courthouse, at Batesville, Miss. The courthouse was on the east side of the track of the Illinois Central Railroad Company, and appellant, having adjourned his court, to go home to dinner, was crossing the railroad, going west, when a south-bound gravel train struck him, and inflicted certain injuries upon his person, whereupon he brought this suit to recover damages for the injuries…
1Opinion of the CourtWoods, J.
Sincerely sympathizing with the very unfortunate appellant, we are yet constrained by duty to agree in opinion with the learned judge before whom this case was tried below as to the *836effect of appellant’s evidence offered in chief to sustain his cause of action. It had clearly shown the appellant’s contributory negligence, and, if the railroad company had offered no evidence when the plaintiff closed, the defendant would have been entitled to verdict, as the court below justly observed. But after the appellee had introduced its evidence and had rested, the fact of the appellant’s contributory…
2Cited by13 opinions
- McGaughy v. StateMississippi Supreme Court · 1999
- Illinois Central Railroad v. McLeodMississippi Supreme Court · 1900
- Deas v. AndrewsMississippi Supreme Court · 1982
- United Plumbing & Heating Co. v. MosleyCourt of Appeals of Mississippi · 2002
- Flynn v. KurnMississippi Supreme Court · 1938
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