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· 10/15/1907

Leake v. Gulf & Ship Island Railroad

Citations

  • 91 Miss. 398
  • 46 So. 68

Syllabus

<p>Railroads. Passengers. Injuries. Collision. Peremptory instruction. Credibility of witness.</p> <p>In a suit by a passenger for injuries suffered in a collision between a railroad train running at an unlawful speed and cars standing on a side track, caused by a misplaced switch, the defense of the railroad company being that the switch was misplaced by a miscreant, a peremptory instruction should not be given for defendant because the engineer of the colliding train testified that just as his engine came near the switch he saw an unknown man throw it and run away, there being evidence tending to discredit his statement.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • enforcing on appeal testamentary restriction on partition which restriction lasted for life of testator’s widow

Source: CourtListener parenthetical corpus (CC0).

Judges: Whitfield

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