Hines v. Cole
Mississippi Supreme Court
Hon. E. L. Brien, Judge. Action by L. M. Cole against Walker D. Hines, Director General of Railroads, and another. From a judgement for plaintiff, defendants appeal. Facts show no liability. Peremptory instructiin should have been given defendant.' Plaintiff injured in fight, personal to himself and his antagonist.
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Hon. E. L. Brien, Judge. Action by L. M. Cole against Walker D. Hines, Director General of Railroads, and another. From a judgement for plaintiff, defendants appeal. Facts show no liability. Peremptory instructiin should have been given defendant.' Plaintiff injured in fight, personal to himself and his antagonist. Railroad Company v. McAfee, 71 Miss. 70; Railroad Company v. Harz, 88 Miss. 681; Railroad Company v. Latham, 72 Miss. 35, 36. Plaintiff Cole, and employee Cannon, foreman of equal rank, fellow-servants, violate rule of defendant— curse, and assault each other. Cole is injured,…
1Opinion of the CourtSmith, C. J.
This is an appeal from a. judgment awarding the appellee damages because of an assault made upon-him by an employee of the appellant. The appellee and one Cannon were employed by the appellant in the repair shops of the Yazoo & Mississippi Valley Eailroad at Vicksburg, the appellee being the foreman of a crew which repaired the metallic portions of freight cars, and Cannon being the foreman of a crew which repaired the wooden portions thereof. .Elach of them were of equal rank and 'reported to the same superior officer. Neither had any supervision of or connection with the work of the other,…
2Cases cited7 opinions
- Richberger v. American Express Co.Mississippi Supreme Court · 1895
- Roebuck v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
- Hairston v. MontgomeryMississippi Supreme Court · 1912
- Illinois Central Railroad v. LathamMississippi Supreme Court · 1894
- Alabama & Vicksburg Railway Co. v. McAfeeMississippi Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Tatham v. Wabash RailroadIllinois Supreme Court · 1952
- Hines v. GreenMississippi Supreme Court · 1921
- Idom v. Weeks & RussellMississippi Supreme Court · 1924
- National Foods, Inc. v. FriedrichMississippi Supreme Court · 1935
- Hattiesburg Chero Cola Bottling Co. v. PriceMississippi Supreme Court · 1926
8 more not listed; retrieve them via the Exa API.