Yazoo & Mississippi Valley Railroad v. Landrum
Mississippi Supreme Court
From the circuit court of Quitman county. ITon. Samuel C. Oooic, Judge. Mrs. Maletha Landrum, who sued for the benefit of herself and her minor children, was the plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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From the circuit court of Quitman county. ITon. Samuel C. Oooic, Judge. Mrs. Maletha Landrum, who sued for the benefit of herself and her minor children, was the plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Appellee’s declaration alleged that her son, Joseph Landrum, was killed as a result of his being struck by a running locomotive and cars of the railroad company, negligently operated by the company’s employes, near the small station of Marks, in Quitman county. The…
1Opinion of the CourtWhitfield, C. J.
Since the evidence clearly showed that Landrum was killed by the running of the cars, the statute imposed upon this rail*410road company liability, unless the railroad company met tbe burden imposed by tbe statute and showed clearly the facts attending the injury, and by such showing exonerated itself from blame. The facts in this case are very strikingly like the facts in the case of Railroad Company v. Brooks, 85 Miss., 269 (s.c., 38 South. Rep., 40). The court in that case, speaking through Judge Trulv, laid down the sound rule that mere conjecture would not meet this burden, but that the…
2Cases cited2 opinions
- New Orleans & Northeastern Railroad v. BrooksMississippi Supreme Court · 1904
- Christian v. Illinois Central RailroadMississippi Supreme Court · 1893
3Cited by6 opinions
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Alabama Great Southern Ry. Co. v. DaniellMississippi Supreme Court · 1914
- Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911
- Hamel v. Southern Ry. Co.Mississippi Supreme Court · 1917
- New Orleans, Mobile & Chicago R. R. v. ColeMississippi Supreme Court · 1911
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