Illinois Central Railroad v. Abrams
Mississippi Supreme Court
Erom the circuit court of Madison county. Hon. Kobert Powell, Judge. Abrams, the appellee, was plaintiff, and the railroad company, the appellant, was defendant in the court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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Erom the circuit court of Madison county. Hon. Kobert Powell, Judge. Abrams, the appellee, was plaintiff, and the railroad company, the appellant, was defendant in the court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion states the case. .To put this case in a nutshell, our propositions are: First — That while this suit is brought under sec. 193 of the constitution and .under sec. 3559 of the code, it is not maintainable under those sections, for the reason that it is a case not within their intent. The instance declared on is the simple…
1Opinion of the CourtWhitfield, C. J.
The declaration in this cause is rather a peculiar one. It seems chiefly to be a declaration framed on the ground that the defendant is liable because it failed to furnish the plaintiff a safe place in which to work; but it contains, also, isolated and-scattered clauses in which it characterizes Eaton as “the superior officer entitled to control and direct the services” of the carpenter gang. And these clauses seem to be some sort of an attempt, in rather an obscure fashion, to hold the defendant liable under sec. 193 of the constitution of 1890 and .§ 3559, Code 1892. And here it is to be…
2Cited by11 opinions
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- Mississippi Central Railroad v. HardyMississippi Supreme Court · 1906
- Neely v. PayneMississippi Supreme Court · 1921
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