Louisville & Nashville Railroad v. Dick
Mississippi Supreme Court
From tbe circuit court of Jackson county. Hon. William H. Hardy, Judge. Dick, appellee, was plaintiff in tbe court below; tbe railroad ■company, appellant, was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme «court.
Read the full summary
From tbe circuit court of Jackson county. Hon. William H. Hardy, Judge. Dick, appellee, was plaintiff in tbe court below; tbe railroad ■company, appellant, was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme «court. Plaintiff was driving his horse and wagon along a street of the town of Ocean-Springs, Mississippi, which crossed the defendant’s railroad track, and while passing over the railroad track, at a crossing within municipal limits was struck by defendant’s moving train, was injured in his person and his property was seriously damaged. There…
1Opinion of the CourtMayes, J.
The giving of the fifth instruction in this case was error, for which this case will have to be reversed. The instruction makes the railroad company liable for all injuries sustained by the running of a train through the corporate limits of any city, if the locomotive shall have run at a greater rate of speed than six miles at any time whilst in the limits of the city. In other words, if a city be a mile long, and a train approaching the city come in at a rate of speed greater than six miles an hour for the first half mile, and for the second half mile slow down to a lawful rate of speed, and…
2Cases cited2 opinions
- New Orleans, Mobile & Texas Railroad v. ToulméMississippi Supreme Court · 1881
- Mississippi Central Railroad v. ButlerMississippi Supreme Court · 1908
3Cited by6 opinions
- Duvall v. DuvallMississippi Supreme Court · 1955
- Mississippi Central Railroad v. RobinsonMississippi Supreme Court · 1914
- Dulion v. FolkesMississippi Supreme Court · 1928
- Kelley v. Ladies' Aid Soc. of Pleasant Hill SchoolhouseMississippi Supreme Court · 1926
- Penrod Drilling Co. v. BoundsMississippi Supreme Court · 1983
1 more not listed; retrieve them via the Exa API.