Jones v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. HoN. J. B. CimiSMAN, Judge. Action by Newton Jones against the Alabama & Vicksburg Railway Co., to recover damages for personal injuries. The defendant' pleaded, among other things, a release executed by plaintiff. The circumstances attending the execution of the release, as well as all the other facts' necessary to an understanding of the cause, are stated in the opinion.
Read the full summary
From the circuit court of the first district of Hinds county. HoN. J. B. CimiSMAN, Judge. Action by Newton Jones against the Alabama & Vicksburg Railway Co., to recover damages for personal injuries. The defendant' pleaded, among other things, a release executed by plaintiff. The circumstances attending the execution of the release, as well as all the other facts' necessary to an understanding of the cause, are stated in the opinion. It may be added that the tender referred to in the opinion was made in September following the injury in April. There was a peremptory instruction for the…
1Opinion of the CourtWhitfield, J.
The circumstances under which the release was executed by appellant, as shown by his and his wife’s testimony in the rec-*26orcl, were as follows: The appellant was lying in his bed the morning after his foot had been amputated, under the influence of opiates administered by his wife the night before. lie was stupid, sleeping, waking when roused, and going back to sleep again, knowing himself nothing whatever as to the execution of the release, or what transpired at the time, suffering bodily and mentally from the shock of the injuries, and the amputation made less than twelve hours previously.…
2Cases cited4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
- Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
- Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
- Bean v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
3Cited by13 opinions
- Blinder v. MonaghanCourt of Appeals of Maryland · 1936
- Whittington v. H. T. Cottam Co.Mississippi Supreme Court · 1930
- Davis v. ElzeyMississippi Supreme Court · 1921
- Natchez & Southern R. R. v. CrawfordMississippi Supreme Court · 1911
- St. Louis & San Francisco Railroad v. AultMississippi Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.