Southern Railway Co. v. Cheaves
Mississippi Supreme Court
From the circuit court of Lowndes county. Hon. Eugene O. Sykes, Judge. Oheaves, the appellee, was plaintiff, and the railway company, defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The case was before in the supreme court on the appeal of the plaintiff, and the decision then rendered is reported. Oheaves v. Southern Railway Go., 82 Miss., 48 (33 So. Bep., 649; 34 So.
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From the circuit court of Lowndes county. Hon. Eugene O. Sykes, Judge. Oheaves, the appellee, was plaintiff, and the railway company, defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The case was before in the supreme court on the appeal of the plaintiff, and the decision then rendered is reported. Oheaves v. Southern Railway Go., 82 Miss., 48 (33 So. Bep., 649; 34 So. Bep., 385). Plaintiff was a fireman, and was injured by the collision of two trains at Oolumbus, Miss., caused by the negligence of the engineer in charge of the…
1Opinion of the CourtWhitfield, C. J.
We have already, in the original opinion in this case (82 Miss., 48), and in response to the suggestion of error, held that under Rule 574 of the company, providing that “when with an engine they must obey the orders of the engineman,” as applied to the facts of this case, this engineer was the superior officer of the fireman, and a person having the right to control and direct the services of the'fireman, within the meaning of sec. 193 of the constitution of 1890. That holding is the law of this case. No sound principle requiring the fireman, in the interest of the safety of the traveling…
2Cases cited20 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Central Railroad Company v. KeeganSupreme Court of the United States · 1895
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
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3Cited by1 opinion
- Burks v. LogginsMississippi Supreme Court · 1860