Dowell v. Vicksburg & Meridian R. R.
Mississippi Supreme Court
Appeal from the Circuit Court-of Lauderdale County. Hon. Samuel H. Terral, Judge. The appellant, who was an employe of the Vicksburg and Meridian Eailroad Co., received injuries while attempting to board a moving train of appellee, for which injuries he brought suit for ten thousand dollars.
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Appeal from the Circuit Court-of Lauderdale County. Hon. Samuel H. Terral, Judge. The appellant, who was an employe of the Vicksburg and Meridian Eailroad Co., received injuries while attempting to board a moving train of appellee, for which injuries he brought suit for ten thousand dollars. The declaration contains two counts; the first count charges the defendant with negligence, in having a broken step on the engine, which occasioned the plaintiff’s fall, and in having an unskillful person in charge of the engine at the time of the accident. The second count charges that the train was at…
1Opinion of the CourtCampbell, C. J.
The circuit court properly instructed the jury to find for the *532defendant. A recovery by the plaintiff could not have been permitted to stand, and it was right to tell the jury so. The facts are undisputed and the inferences to be drawn from them are unmistakable. The plaintiff brought his misfortune on himself by his own recklessness and cannot visit its consequences on another. This is decisive against him under the first count of his declaration, and it would not have availed him to prove that he knew how to get on a train in motion, and had been seen to do it with impunity, and that it is…
2Cases cited1 opinion
- N. O., J. & G. N. R. R. Co. v. HughesMississippi Supreme Court · 1873
3Cited by7 opinions
- Florida East Coast Railway Co. v. LassiterSupreme Court of Florida · 1909
- Bardwell v. Mobile & Ohio R. R.Mississippi Supreme Court · 1886
- Short v. New Orleans & North-eastern RailroadMississippi Supreme Court · 1892
- Farquhar v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1900
- Gulf, M. N.R. Co. v. WaltersMississippi Supreme Court · 1931
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