Yazoo M.V.R. Co. v. Lum

Mississippi Supreme Court

Yazoo M.V.R. Co. v. Lum

2 So. 2d 561, 191 Miss. 170, 1941 Miss. LEXIS 139

CourtMississippi Supreme Court

DecidedMay 26, 1941

DocketNo. 34621.

StatusPublished

Cited by1 cases

This text of 2 So. 2d 561 (Yazoo M.V.R. Co. v. Lum) 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

Yazoo M.V.R. Co. v. Lum, 2 So. 2d 561, 191 Miss. 170, 1941 Miss. LEXIS 139 (Mich. 1941).

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Opinion

Griffith, J.,

delivered the opinion of the court.

There is no substantial basis for a differentiation between this case and that of New Orleans & N. E. R. Co. v. Keller, 162 Miss. 392, 138 So. 358. It is true that in that case it was the fireman who saw the deceased as he turned to go towards the track at the private crossing, while here it was the engineer himself; hut the duty of a lookout is as much on the fireman, when not busy with his fires, as upon the engineer, Mobile & O. R. Co. v. Johnson, 157 Miss. 266, 275, 126 So. 827 — hence the cases cannot he differentiated on that account.

The Keller .case controls, and under it appellant was entitled to the peremptory instruction requested.

Reversed, and judgment here for appellant.

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Griffith, J.,

delivered the opinion of the court.

There is no substantial basis for a differentiation between this case and that of New Orleans & N. E. R. Co. v. Keller, 162 Miss. 392, 138 So. 358. It is true that in that case it was the fireman who saw the deceased as he turned to go towards the track at the private crossing, while here it was the engineer himself; hut the duty of a lookout is as much on the fireman, when not busy with his fires, as upon the engineer, Mobile & O. R. Co. v. Johnson, 157 Miss. 266, 275, 126 So. 827 — hence the cases cannot he differentiated on that account.

The Keller .case controls, and under it appellant was entitled to the peremptory instruction requested.

Reversed, and judgment here for appellant.

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Bluebook (online)

2 So. 2d 561, 191 Miss. 170, 1941 Miss. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yazoo-mvr-co-v-lum-miss-1941.

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