Illinois Central Railroad v. Handy
Mississippi Supreme Court
Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. The case is stated in the opinion of the court. The court tells the jury that if the money was taken by a party who was accustomed to hang around the car, and was permitted by the porter to go on the car after the passengers had left, then the company is liable. We find it difficult to reconcile this instruction with either common sense or good law.
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Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. The case is stated in the opinion of the court. The court tells the jury that if the money was taken by a party who was accustomed to hang around the car, and was permitted by the porter to go on the car after the passengers had left, then the company is liable. We find it difficult to reconcile this instruction with either common sense or good law. The mere permitting a stranger to come upon the train and assist in sweeping out the car did not make the stranger an agent of the company and the company responsible for…
1Opinion of the CourtCooper, C. J.
The appellee, a resident of Canton, Miss., on the — day of - A. D. 188 , desiring to pay certain debts which he owed in the city of New Orleans, took passage on the appellant’s train on the evening of that day. He had, as he testifies, about three hundred and seventy dollars in currency and some checks, all contained in a large leather pocket-book which he carried in the hip-pocket of his trousers. At Jackson he entered a chair car of the defendant, paying one dollar for the privilege of riding therein. He took off his coat and vest and went to sleep. The train arrived at New Orleans early in…
2Cases cited1 opinion
- Woodruff Sleeping & Parlor Coach Co. v. DiehlIndiana Supreme Court · 1882
3Cited by8 opinions
- Bacon v. Pullman Co.Court of Appeals for the Fifth Circuit · 1908
- Whicher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Pullman Palace Car Co. v. AdamsSupreme Court of Alabama · 1898
- Efron v. Wagner Palace Car Co.Missouri Court of Appeals · 1894
- Levins v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
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