Legal Opinion

Bailey v. Delta Electric Light, Power & Manufacturing Co.

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 23 opinions

Eeom: the circuit court of WasRingtou county. How. A. McC. Kimbrough, Chancellor! Bailey, the appellant, was plaintiff in the court below; the Delta, etc., Company, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Bailey brought this suit against the Delta Electric Light, Power & Manufacturing Company and the Cumberland Telephone & Telegraph Company to recover damages for personal injuries.

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Eeom: the circuit court of WasRingtou county. How. A. McC. Kimbrough, Chancellor! Bailey, the appellant, was plaintiff in the court below; the Delta, etc., Company, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Bailey brought this suit against the Delta Electric Light, Power & Manufacturing Company and the Cumberland Telephone & Telegraph Company to recover damages for personal injuries. The Cumberland Telephone & Telegraph Company pleaded the general issue and accord and satisfaction, and filed with the latter plea a…

1Opinion of the Court

Tbuly, J\,

deliyered the opinion of the court.

It is a universally established principle of law that joint tort feasors are both jointly and severally liable, and may be proceeded against either singly or jointly, individually or all combined. It is also well settled that, where a party has once received full satisfaction and compensation for an injury inflicted, no matter from which one of several tort feasors, all are thereby released. The underlying reasoning supporting this rule is that a party injured is only entitled to receive full compensation, and so, having once obtained redress for…

2Cases cited1 opinion

  1. Louisville & Evansville Mail Co. v. Barnes' Admr.Court of Appeals of Kentucky · 1904

3Cited by23 opinions

  1. Hall v. HilbunMississippi Supreme Court · 1985
  2. Estate of Hunter v. General Motors Corp.Mississippi Supreme Court · 1999
  3. Gallagher Bassett Services v. JeffcoatMississippi Supreme Court · 2004
  4. Krieser Ex Rel. Krieser v. HobbsCourt of Appeals for the Fifth Circuit · 1999
  5. Lamoreux v. San Diego & Arizona Eastern Railway Co.California Supreme Court · 1957

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