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· 3/15/1909

Louisville & Nashville Railroad v. Dick

Citations

  • 95 Miss. 111
  • 48 So. 401

Syllabus

<p>Railroads. Municipal limits. Bate of speed. Cade 1906, § 4043.</p> <p>Code 1906, § 4043, providing that railroad companies shall be liable for damages sustained by any one from trains running within the limits of a municipality at a rate of speed exceeding six miles an hour: — ■</p> <p>{a) Imposes liability where the train was exceeding the statutory speed when the danger was or should have been discovered; and</p> <p>.(h) Liability qannot be escaped because the train was running within the statutory speed when it came in actual contact with the injured person or damaged property; but</p> <p>■(c) Liability does not follow because the train had been run within municipal limits at a rate exceeding the statutory speed previously to the time when the danger should have been discovered.</p>

Judges: Mayes

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