Gulfport & Mississippi Coast Traction Co. v. Faulk
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit by W. W. Faulk against the Gulfport & Mississippi Coast Traction Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We respectfully contend: 1. That this was no jury case; 2. It was no part of Faulk’s business to crank the Ford. He was a mere volunteer.
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Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit by W. W. Faulk against the Gulfport & Mississippi Coast Traction Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We respectfully contend: 1. That this was no jury case; 2. It was no part of Faulk’s business to crank the Ford. He was a mere volunteer. Chambers did not order him to do so, and if so, Chambers.had no authority whatever to tell him to do so, and Faulk could have disregarded the order. It was no “place to work” and was no appliance…
1Opinion of the CourtSykes, J.
W. W. Faulk sued the appellant traction company in the circuit court for damages on account of personal injuries sustained by him. The first count of the declaration alleges that the master failed to furnish him with a reasonably safe place in which to work, and with reasonably safe appliances with which to work, in the scope of his employment. The second count alleges that plaintiff was an inexperienced man in the handling of automobiles and knew nothing about running one or the dangers incident to cranking one; that it was his duty to obey the orders of one Chambers, who was his foreman;…
2Cases cited3 opinions
- McMillan v. Coal Co.West Virginia Supreme Court · 1907
- Sumrall v. Kitselman Bros.Mississippi Supreme Court · 1911
- Dahnke-Walker, Milling Co. v. PhillipsMississippi Supreme Court · 1918
3Cited by11 opinions
- Texas Co. v. JacksonMississippi Supreme Court · 1936
- Brown v. ColeyMississippi Supreme Court · 1934
- Bailey v. WortonCourt of Appeals of Mississippi · 1999
- Saenger Amusement Co. v. MurrayMississippi Supreme Court · 1922
- Cue Oil Co. v. Fornea Oil Co.Mississippi Supreme Court · 1950
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