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· 3/15/1909

Troutman v. Louisville & Nashville Railroad

Citations

  • 95 Miss. 183
  • 48 So. 515

Syllabus

<p>Railroads. Passenger. Cause of death. Evidence. Peremptory instruction not warranted.</p> <p>In a suit against a railroad company for the alleged wrongful death of a passenger, last seen before his death on the platform of a passenger coach preparatory to alighting therefrom upon a rough and irregular station platform, as the train reached his destination at night, there being no lights save those on the train itself, and his dead body, having severe bruises upon it, was found as the train began leaving the station and had moved less than a ear length from where it made a very short stop, and blood was found on the cross-ties supporting the railroad track, the case did not warrant a peremptory instruction for the defendant, but it should have been left to the jury to determine whether decedent came to his death from the running of the train.</p>

Judges: Whitfield

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