Louisville & Nashville Railroad Co. v. Pool
Citation | 72 Miss. 487,16 So. 753 |
Parties | LOUISVILLE & NASHVILLE RAILROAD CO. v. JOHN POOL |
Decision Date | 28 January 1895 |
Court | United States State Supreme Court of Mississippi |
October 1894
FROM the circuit court of Jackson county. HON. S. H. TERRAL Judge.
This is an action brought before a justice of the peace in Jackson county, to recover sixty-eight dollars damages for stock killed by appellant's train. The evidence showed that one heifer of the value of eight dollars was killed by defendant's train near the state line between Mississippi and Alabama, but none of the witnesses could testify with certainty in which state it was killed. An ox worth twenty-five dollars and another worth thirty-five dollars were shown to have been killed on different days in the state of Alabama. More than six months elapsed after the last animal was killed before suit was brought, and defendant pleaded the statute of limitations of Alabama, which bars after six months, actions for injury to or destruction of stock, when the value does not exceed one hundred dollars.
The justice of the peace gave judgment for plaintiff for eight dollars, holding that the action was barred as to the two animals killed in Alabama, and the plaintiff appealed to the circuit court. The trial there resulted in a judgment for sixty-eight dollars, the full amount sued for, and, after a motion for a new trial, which was overruled, defendant appealed.
Section 85, code 1892, reference to which is made in the opinion provides, among other things, that, on appeal from a justice of the peace to the circuit court, if the defendant be the appellant, and judgment be rendered the plaintiff in the original suit for a sum equal to or greater than he recovered before the justice of the peace, ten per cent. damages on the amount thereof shall be included in such judgment.
Judgment reversed.
Mayes & Harris, for appellant.
1. The cause of action as to the animals killed in Alabama accrued in that state. Appellant is a foreign corporation, not residing in the state of Mississippi. Accordingly, under § 2754, code 1892, the statute of limitations of Alabama should be applied.
2. Judgment in the circuit court should not have been rendered for ten per cent. damages in addition to the verdict of sixty-eight dollars recovered in the justice court. Plaintiff appealed from the judgment. It is only when defendant appeals and the judgment for plaintiff is as much, or more, than it was in the justice court that damages can be awarded.
Horace Bloomfield, for appellee.
The defendant was running its trains through Alabama and Mississippi at the time the animals were killed. The action being personal and transitory, could be brought in any place where the party defendant could be found. Story on Conflict of Laws, § 554. Section 2754, code 1892, applies only where a nonresident is protected by the statute of limitations of another state where he resided before he resides in this...
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