Legal Opinion

Chicago, St. Louis & New Orleans Railroad v. Doyle

Mississippi Supreme Court

Decided April 15, 1883PublishedCited by 26 opinions

Appeal from the Circuit Court of Pike County. Hon. J. B. ChrismaN, Judge. In this action by the appellee, the widow of Michael J. Doyle, in behalf of herself and children, the original declaration upon which issue was joined and the first trial had, averred that Doyle, an engineer of the appellant, while in obedience to orders of the company, was proceeding north, drawing the pay-car between Michigan City and 'Grand Junction, at a point about two miles south of the latter…

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Appeal from the Circuit Court of Pike County. Hon. J. B. ChrismaN, Judge. In this action by the appellee, the widow of Michael J. Doyle, in behalf of herself and children, the original declaration upon which issue was joined and the first trial had, averred that Doyle, an engineer of the appellant, while in obedience to orders of the company, was proceeding north, drawing the pay-car between Michigan City and 'Grand Junction, at a point about two miles south of the latter point in Marshall County, in the State of Mississippi, was killed in a collision with a south bound freight train of the…

1Opinion of the CourtCampbell, C. J.

The right of action for damages for killing a husband given by the statute of Tennessee may be asserted in the courts of this State, because of the coincidence of the statutes of the two States on this point, and, independently of this, because a right of action created by the statute of another State, of a transitory nature, may be enforced here, when it does not conflict with the public policy of this State to permit its enforcement, and our statute is evidence that our policy is favorable to such rights of action instead of beins- inimical to them. *984Dennick v. Railroad Co., 103 U. S. 11; N.…

2Cases cited4 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  3. Selma, Rome & Dalton Railroad v. LaceySupreme Court of Georgia · 1872
  4. Mississippi Central Railroad v. MasonMississippi Supreme Court · 1875

3Cited by26 opinions

  1. Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
  2. Nelson v. Chesapeake & Ohio RailroadSupreme Court of Virginia · 1892
  3. Pullman Palace Car Co. v. LawrenceMississippi Supreme Court · 1897
  4. Williams v. Pope Manufacturing Co.Supreme Court of Louisiana · 1900
  5. St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903

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