Legal Opinion

Payne v. Moore

Mississippi Supreme Court

Decided March 15, 1921No. 21896PublishedCited by 4 opinions

Appeal from circuit court of Lauderdale county. Hon. J. D. Fatheeee, Judge. Action by Martha Moore and others against John Barton Payne, Agent. Judgment for plaintiffs, and defendant appeals. This is a suit by Martha Moore and her two minor children for the wrongful death of Judge Moore, husband and father.

Read the full summary

Appeal from circuit court of Lauderdale county. Hon. J. D. Fatheeee, Judge. Action by Martha Moore and others against John Barton Payne, Agent. Judgment for plaintiffs, and defendant appeals. This is a suit by Martha Moore and her two minor children for the wrongful death of Judge Moore, husband and father. Among other pleas, the defendants severally pleaded that the plaintiffs had heretofore impleaded the defendants in the court below on a plea of trespass on the case for the same cause of action, and had therein recovered judgment against the defendants in the sum of seven thousand five…

1Opinion of the CourtSykes, J.

The appellees, Martha Moore and her two minor children, sued and recovered judgment against the appellant for five thousand dollars for the negligent killing of Judge Moore, Sr., husband and father of the appellants, who, while driving in an automobile across Forty-ninth avenue in the city of Meridian, his automobile was struck, and the driver, Judge Moore, Sr., was instantly killed, while his son, Judge Moore, Jr., sustained fatal injuries from which he died a few hours thereafter. A separate suit was instituted by these same plaintiffs against the same defendant for the killing of Judge…

2Cases cited5 opinions

  1. Kimball v. Louisville & Nashville RailroadMississippi Supreme Court · 1908
  2. Hines v. McCullersMississippi Supreme Court · 1920
  3. Hinds v. MooreMississippi Supreme Court · 1920
  4. Home Insurance v. Tate Mercantile Co.Mississippi Supreme Court · 1918
  5. Yazoo & Mississippi Valley Railroad v. PayneMississippi Supreme Court · 1907

3Cited by4 opinions

  1. Deposit Guaranty Bank & Trust Co. v. NelsonMississippi Supreme Court · 1951
  2. St. Louis-San Francisco Railway Co. v. OxfordSupreme Court of Arkansas · 1927
  3. Waltman v. Union Central Life Ins.District Court, N.D. Texas · 1928
  4. DEPOSIT GUAR. B. & T. CO. v. NelsonMississippi Supreme Court · 1951

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API