Dantzler Shipbuilding & Dry Docks Co. v. Hurley
Mississippi Supreme Court
Appeal from the circuit court of Jackson county. Hon. J. H. Neville, Judge. Suit by Mrs. J. W. Hurley and others against the Dantzler Shipbuilding & Dry Docks Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. It will be noted at the outset that liability against appellant'in this case was predicated on the relation of carrier and passenger which it was alleged existed between appellant and deceased Hurley.
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Appeal from the circuit court of Jackson county. Hon. J. H. Neville, Judge. Suit by Mrs. J. W. Hurley and others against the Dantzler Shipbuilding & Dry Docks Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. It will be noted at the outset that liability against appellant'in this case was predicated on the relation of carrier and passenger which it was alleged existed between appellant and deceased Hurley. The declaration did aver that Hurley was employed by appellant, and the relation of master and servant existed between them…
1DissentEtheidgb, J.
I dissent from the holding of the majority that the appellant was entitled to a peremptory instruction. The majority opinion holds that the Dantzler Shipbuilding & Dry Docks Company was a carrier of passengers in this case, at least for the purpose of the opinion, and I think this holding is sound and well supported both on the facts and on the authorities.
The decisions relied on in the majority opinion are not applicable to this case for several reasons, the principal one being that contributory negligence as a defense to an action based on negligence for personal injuries is no longer a…
2Cases cited20 opinions
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Heirn v. M'CaughanMississippi Supreme Court · 1856
- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- New Orleans, Jackson, & Great Northern Railroad v. StathamMississippi Supreme Court · 1869
- Chicago, St. Louis & New Orleans Railroad v. ScurrMississippi Supreme Court · 1882
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