Benton v. Finkbine Lumber Co.
Mississippi Supreme Court
Appeal from the circuit court of Simpson County. Hon. W. H. Hughes, Judge. Suit hy L. A. Benton against the Finkbine Lumber Company and others for wrongful death. From a judgment for defendants on demurrer to the declaration, plaintiff appeals. The facts are fully stated in the opinion of the court. The defendants in this ease áre sued as joint tortfeasors. This court held in numerous cases that this can be done.
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Appeal from the circuit court of Simpson County. Hon. W. H. Hughes, Judge. Suit hy L. A. Benton against the Finkbine Lumber Company and others for wrongful death. From a judgment for defendants on demurrer to the declaration, plaintiff appeals. The facts are fully stated in the opinion of the court. The defendants in this ease áre sued as joint tortfeasors. This court held in numerous cases that this can be done. Bright v. Finkbine Lumber Company, 77 So. 316; Bailey v. Power Company, 86 Miss., 634; Harris v. 1. C. B. B., 85 Miss., 15. Federal court held declaration stated. A joint cause of…
1Opinion of the CourtSykes, J.
The appellant, plaintiff in the court below, filed suit against the Finkbine Lumber Company and certain of its officers for damages for the negligent killing of his son. The declaration contains four counts which practically charge in different language the same cause of action. A demurrer was sustained to the declaration and judgment entered, from which judgment this appeal was prosecuted.
The first count of the declaration and the grounds of the demurrer sustained to it are copied in full, and read as follows:
“L. A. Benton, plaintiff, by his attorneys, brings this, his cause of action,…
2Cases cited4 opinions
- Finkbine Lumber Co. v. CunninghamMississippi Supreme Court · 1911
- Edwards v. Hanyes-Walker Lumber Co.Mississippi Supreme Court · 1917
- Lucey v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1913
- Potlatch Lumber Co. v. AndersonCourt of Appeals for the Ninth Circuit · 1912
3Cited by5 opinions
- Masonite Corp. v. LochridgeMississippi Supreme Court · 1932
- Coast Ship Co. v. YeagerMississippi Supreme Court · 1919
- City of Tupelo v. PayneMississippi Supreme Court · 1936
- Yazoo M.V.R. Co. v. SmithMississippi Supreme Court · 1928
- Green Lumber Co. v. SullivanMississippi Supreme Court · 1950