Louisville, New Orleans & Texas Ry. Co. v. Smith

Mississippi Supreme Court

Louisville, New Orleans & Texas Ry. Co. v. Smith

67 Miss. 15

CourtMississippi Supreme Court

DecidedOctober 15, 1889

StatusPublished

Cited by1 cases

This text of 67 Miss. 15 (Louisville, New Orleans & Texas Ry. Co. v. Smith) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Louisville, New Orleans & Texas Ry. Co. v. Smith, 67 Miss. 15 (Mich. 1889).

Pincite

Opinion

Campbell, J.,

delivered the opinion of the court.

The third instruction asked by the defendant was properly refused, for the effect of the statute, § 1059 of the code, is to devolve on the railroad company the necessity of exculpation from negligence in causing the injury shown to have been done, and unless it does this it is liable.

The court should have given the instruction asked by defendant that the verdict should be for it. There is no conflict in the evidence, and that of the defendant, which consists with that for the plaintiff, exonerates the defendant from all blame.

Beversed and remanded.

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