Chicago, St. Louis & New Orleans Railroad v. Packwood
Mississippi Supreme Court
Appeal from the Circuit Court of Pike County. I-Ion. J. B. Chrisman, Judge. The appellee, to whom the owner of a horse which was killed by a locomotive assigned his claim for damages, brought this action against the appellant, and proved, at the trial, that tracks of the horse, as if running, were seen for two hundred yards along the road-bed, and pieces of its body were scattered about a bridge of trestles, which began at the point where the horse’s tracks ceased to be…
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Appeal from the Circuit Court of Pike County. I-Ion. J. B. Chrisman, Judge. The appellee, to whom the owner of a horse which was killed by a locomotive assigned his claim for damages, brought this action against the appellant, and proved, at the trial, that tracks of the horse, as if running, were seen for two hundred yards along the road-bed, and pieces of its body were scattered about a bridge of trestles, which began at the point where the horse’s tracks ceased to be visible. The appellant introduced the engineer and fireman, both skilful and experienced railroad men, who testified that,…
1Opinion of the CourtChalmers, C. J.
The plaintiff brings suit against the railroad company upon a demand for damages for killing a horse, which demand has •been assigned to him, since the killing, by the then owner of the animal killed. The ancient doctrine was that a demand arising out of a tort was not assignable, but the modern cases restrict the principle to torts against the person, or to such as did not survive to the personal representative after death, such, for instance, as slander, assault and battery, seduction, and the like. Torts to property, on the other hand, whereby the estate of a party is destroyed or…
2Cases cited3 opinions
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Whitaker v. GavitSupreme Court of Connecticut · 1847
- Young v. WilsonCourt of Appeals of Mississippi · 1852
3Cited by16 opinions
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Southern Farm Bureau Casualty Insurance v. Wright Oil Co.Supreme Court of Arkansas · 1970
- Kaplan v. Harco Nat. Ins. Co.Court of Appeals of Mississippi · 1998
- Wells v. Edwards House & City Railway Co.Mississippi Supreme Court · 1909
- Corbett v. Great Northern Railway Co.North Dakota Supreme Court · 1910
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