Beddingfield v. New Orleans & N. E. R.
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by H. ?H. Beddingfield and another against the New Orleans Northeastern Railroad Company. Prom a judgment sustaining a demurrer to the replication, plaintiff appeals.
Read the full summary
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by H. ?H. Beddingfield and another against the New Orleans Northeastern Railroad Company. Prom a judgment sustaining a demurrer to the replication, plaintiff appeals. Appellants filed their declaration in the court below for damages caused by the death of their brother, W. H. Beddingfield, alleging in their declaration that they were his only heirs at law, and that their said brother was injured by the defective tools, implements, and appliances of the defendant negligently and carelessly furnished to him and…
1Opinion of the CourtSmith, C. J.
The release here in question is not a general, but is a limited, one, covering only such damages as resulted to appellant from the bruising of his shoulder, and therefore does not cover the injuries complained of in the declaration, which injuries it is alleged in the replication were unknown to the parties thereto at the time the release' was executed. Texas & Pacific R. R. Co. v. Dashiell, 198 U. S. 521, 25 Sup. Ct. 737, 49 L. Ed. 1150.
We are requested, however, by counsel for appellee to extend the demurrer back to the declaration and sustain it for the reason that the declaration is…
2Cases cited2 opinions
- Texas & Pacific Railway Co. v. DashiellSupreme Court of the United States · 1905
- Shoults v. KempMississippi Supreme Court · 1879
3Cited by1 opinion
- Aetna Ins. Co. v. CommanderMississippi Supreme Court · 1934