Gulfport & Mississippi Coast Traction Co. v. Hicks
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit hy D. A. Hicks against the Gulfport & Mississippi Coast Traction Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit hy D. A. Hicks against the Gulfport & Mississippi Coast Traction Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Counsel for appellee practically abandons the principle of res ipsa loqmtur, upon which' he depended altogether in the court below, as the ground upon which he asked a verdict from the jury; and he pitches his case in this court upon our prima-facie statute and cites three cases from the supreme court of Georgia to the effect that…
1Opinion of the CourtStevens, J.
On all points raised by appellant this case must be affirmed. The only assignment which merits any discussion is the contention that the prima-facie' statute (section 1985, Code of 1906, as amended by chapter 215, Laws of 1912) is not applicable to the state of facts presented by this record. This statute as amended reads:
“1985 (1808). Injury to persons or property by railroads prima-facie evidence of want of reasonable skill and care, etc. — In all actions against railroad corpor*170ations and all other corporations, companies, partnerships and individuals using engines, locomotives, or cars of…
2Cases cited9 opinions
- Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
- Augusta & Summerville Railroad v. RandallSupreme Court of Georgia · 1887
- Georgia Railway & Electric Co. v. ReevesSupreme Court of Georgia · 1905
- Alabama & Vicksburg Railway Co. v. GroomeMississippi Supreme Court · 1910
- Seaboard Air-Line Railway v. BishopSupreme Court of Georgia · 1909
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3Cited by4 opinions
- Gulfport Creosoting Co. v. WhiteMississippi Supreme Court · 1934
- Mississippi Power & Light Co. v. Sumner Gin Co.Mississippi Supreme Court · 1930
- Parchman v. Mobile O.R.R. Co.Mississippi Supreme Court · 1926
- Parchman v. Mobile O.R.R. Co.Mississippi Supreme Court · 1926