Kansas City, Memphis & Birmingham Railroad v. Hawkins
Cases that cite this one
4 later published cases cite this decision.
- New Orleans, Mobile & Chicago Railroad v. Harrison (Miss. 1913)
- Dickerson v. Illinois Central Railroad (Miss. 1962)
- Gulf & S. I. R. R. v. Williamson (Miss. 1932)
- Jackson Electric Railway, Light & Power Co. v. Waycaster (Miss. 1908)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
If the engineer was on the lookout, as he says he was, in, coming around a curve debouching into a cut, he must' have seen the men and dogs. The jury manifestly thought either that he did see them, or should have seen them by proper lookout, in entering so dangerous a piece of road. There is no pretense that he was engaged about his engine. One toot of his whistle would, in all probability, have prevented the damage. From the evidence the jury must have thought he did see, and, in that case, the carelessness was “so gross as to be tantamount to design.” Mobile, etc., R. R. v. Holliday, 79 Miss., 297; 30 South., 820, does not apply to the facts here.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.