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Yazoo & M. V. R. v. Hardie

Yazoo & M. V. R. Company v. Mrs. Hardie

Yazoo & M. V. R. v. Hardie, 64 So. 1 (Miss. 1913)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
October 15, 1913
Judges
Oweít
Citations
64 So. 1106 Miss. 436
Syllabus
CARRIERS. Injuries,to passengers. Liability. Where a passenger was, by the negligence of the railroad employees, carried beyond her point of destination and on being returned to this point some three hours later, had to go through a rain storm to her home and was made sick thereby, the railroad was liable for the injuries sustained by her on her journey from the railroad to her home.
Summary
Appeal from the circuit court of Coahoma county. How. Sam. C. Cook, Judge. Suit by Mrs. W. H. Hardie against the Yazoo and Mississippi Valley Eailroad Company. From a judgment for plaintiff, defendant appeals. The facfs are fully stated in the opinion of the court. No brief of counsel on either side found in the record.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Oweít

Text extracted by OCR from a scanned original; check the original for exact wording.

Oweít, special judge,

delivered the opinion of the court.

This case was before the court, and a full report of it, including the statement of facts, is shown in that report in Y. & M. V. R. R. Co. v. Hardie, 100 Miss. 132 , 55 So. 42, 967 , 34 L. R. A. (N. S.) 740, 742. The case was then reversed because of a punitive damage instruction. In second trial in the lower court a judgment was rendered in favor of the plaintiff for five thousand dollars, from which this appeal is taken.

There are only two assignments of error relied upon. by appellant’s counsel: First, that the railroad is not liable for any injury claimed to have been sustained by Mrs. Hardie by reason of a journey from the depot to Mrs. Hairston’s house; second, that the judgment is excessive.

We think the first objection is answered by the decision of this court in the case of L. N. O. & T. R. R. Co. v. Mask, 64 Miss. 738 , 2 So. 360 . In the statement of facts in that case we find the following: “Mask got off the train, and went back to the depot, and, finding no conveyance there, had to walk home, a distance of three-quarters of a mile. This was about twelve o ’clock at night, and the night was dark, cold, and rainy, the roadway was muddy, and Mask, who was an old and feeble man, was very much exhausted when he reached home. . . . The evidence of the two physicians was further to the effect that his sickness after the walk from Lula, and continuing to the time of his death, was most probably induced by his exposure, and being compelled to walk from the railroad station to his home.” We are unable to distinguish the difference between the Mask case and this case; the injury in both cases resulted from the trip from the depot to their homes, and we are therefore of the opinion that the instruction given for the appellee and complained of by *438 appellant was correct. L. N. O. & T. R. R. Co. v. Mask, 64 Miss. 738 , 2 So. 360 .

If the jury accepted'-the testimony of the appellee as to the injury as being true, which the verdict shows they did, we do not think the judgment was excessive.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 11919: 11925: 11938: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Tri-State Transit Co. v. Martin179 So. 349 (Miss. 1938)
  2. Dantzler Shipbuilding & Dry Docks Co. v. Hurley81 So. 163 (Miss. 1919) · Dissent
  3. Lee Line Steamers v. Page237 F. 57 (6th Cir. 1916)
  4. White v. Ohio Valley Electric Railway Co.127 S.E. 65 (W. Va. 1925)

Most recent

  1. Tri-State Transit Co. v. Martin179 So. 349 (Miss. 1938)
  2. White v. Ohio Valley Electric Railway Co.127 S.E. 65 (W. Va. 1925)
  3. Dantzler Shipbuilding & Dry Docks Co. v. Hurley81 So. 163 (Miss. 1919) · Dissent
  4. Lee Line Steamers v. Page237 F. 57 (6th Cir. 1916)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Yazoo & Miss. Valley R.R. v. Hardie, 55 So. 42 (Miss. 1911) 23
Louisville, New Orleans & Tex. R.R. v. Mask, 64 Miss. 738 (1887) 15

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