Brinkley v. Southern Ry. Co
| Decision Date | 05 March 1917 |
| Citation | 74 So. 280,113 Miss. 367 |
| Court | Mississippi Supreme Court |
| Parties | BRINKLEY v. SOUTHERN RY. Co |
March 1917
APPEAL from the circuit court of Tishomingo county, HON. CLAUDE CLAYTON, Judge.
Suit by W. J. Brinkley against the Southern Railway Company.
From a judgment for defendant, plaintiff appeals.
The facts are fully stated in the opinion of the court.
Case reversed and remanded.
W. L Elledge, for appellant.
W. H Kier and Earl King, for appellee.
W. J Brinkley filed a suit in the circuit court of Tishomingo county against the Southern Railway Company for damage done to an automobile owned by the plaintiff in the corporate limits of the city of Iuka in said county. The facts show that the plaintiff's automobile had been driven upon the right of way of the defendant along its depot and in front of a hotel situated to the south of the right of way of the railroad company, and from which hotel to the place of the injury was a driveway, which was used for many years by the public in going from the depot to the hotel and vice versa. The chauffeur left the automobile near enough to the track to be struck by one of its trains and went into the hotel for some purpose. On coming out of the hotel he perceived the train of the defendant approaching from the east, and ran to the automobile and attempted to crank the automobile and get it moved out of the zone of danger. The automobile failed to fire at the first three crankings, and the train was so near that the chauffeur could not make another effort. The train approached from the east, entered the corporate limits some three-fourths of a mile from the place of the injury, and was running at a high rate of speed, variously estimated at twenty-five to forty miles per hour, and was running at a rate of speed at the time of the injury, of from fifteen to twenty-five miles per hour, according to the testimony of witnesses. The chauffeur testified that if the train had been running at six miles an hour, as required by statute, from the time he discovered the approach of the train some six hundred yards to the east of the place of the injury, he could have gotten the automobile out of the way and the injury would not have occurred. It was in testimony, by several witnesses, that if the automobile had been placed three or four feet further north than where it was, the injury would not have occurred regardless of...
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