Gulf & Ship Island R. R. v. Simmons

This case was before the court at the March, 1928, term as the result of a former trial, and the opinion delivered in reversing that judgment is found in 150 Miss. 506, 117 So. 345. The general situation is well and clearly set forth in that opinion. It is evident, however, upon a complete examination of the record now before us, which is to say, the record of the second trial, that much of the details of the facts then before the court are not shown by the evidence in the present record. None of the train crew testified in the present case, and several features of the evidence respecting…