Bonds v. Mobile & O. R. Co.
Mississippi Supreme Court
Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Action by Karlton Bonds against the Mobile & Ohio Railroad Company. Judgment for defendant on a peremptory instruction, and plaintiff appeals. The declaration contained two counts, one on the presumption statute, section 1985 of the Code of 1906, section 1645 of Hemingway’s Code; and one on the excess speed statute, section 4048 of Code of 1906, section 6667 of Hemingway’s Code.
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Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Action by Karlton Bonds against the Mobile & Ohio Railroad Company. Judgment for defendant on a peremptory instruction, and plaintiff appeals. The declaration contained two counts, one on the presumption statute, section 1985 of the Code of 1906, section 1645 of Hemingway’s Code; and one on the excess speed statute, section 4048 of Code of 1906, section 6667 of Hemingway’s Code. Upon the conclusion of the evidence on behalf of plaintiff the trial judge sustained a motion of defendant for a peremptory instruction for defendant…
1Opinion of the CourtHolden, J.
Appellant, Karlton Bonds, sued the appellee railroad company for damages for the loss of his left foot, which was crushed by one of the appellee’s trains in 1902 when the appellant was seven years of age. The injury occurred within the corporate limits of the town of Baldwyn while the train was running at an unlawful rate of speed, between twelve and fifteen miles per hour. The appellant was following a negro man across the railroad track when the train was passing. ■ The negro man crossed over or through the train to the other side of the track, but the appellant either attempted to get on…
2Cases cited3 opinions
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Illinois Cent. R. v. HandyMississippi Supreme Court · 1914
- Mississippi Cent. R. v. PaceMississippi Supreme Court · 1915