Legal Opinion

Mobile, Jackson & Kansas City Railroad v. Hicks

Mississippi Supreme Court

Decided October 15, 1907PublishedCited by 22 opinions

From the circuit court of Newton county. Hon. Geo. H. Ethridge, Special Judge. Mary A. Hicks and ber children, appellees, as tbe widow and children of Ray Hicks, deceased, sued the Mobile, Jackson & ■Kansas City Railroad Company, appellant, for the wrongful killing of deceased while in the service of the defendant as a section foreman.

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From the circuit court of Newton county. Hon. Geo. H. Ethridge, Special Judge. Mary A. Hicks and ber children, appellees, as tbe widow and children of Ray Hicks, deceased, sued the Mobile, Jackson & ■Kansas City Railroad Company, appellant, for the wrongful killing of deceased while in the service of the defendant as a section foreman. Mrs. Hicks also sued as administratrix of her deceased husband for damages sustained by him, and, the two suits haying been consolidated, a trial was had in the circuit court, resulting in a judgment for plaintiffs in .the sum of $7,500; from which the…

1Opinion of the CourtWhitfield, C. J.

On October 28, 1905, Ray Hicks, a section foreman on appellant’s railroad, was working with his crew at a point about two or three miles north of Decatur Junction, in Newton county. The crew had stopped for dinner, but were still on the track and near it, when a mixed passenger and freight train approached, Immediately behind the locomotive were several *352freight cars, and a passenger coach was on the back end of the train. The train was going north. Hicks and his crew were walking in the same direction; Hicks being further north than the rest of the crew, and on the east side of the track. He…

2Cases cited20 opinions

  1. Payne v. Georgetown Lumber Co.Supreme Court of Louisiana · 1906
  2. Ballard v. Mississippi Cotton Oil Co.Mississippi Supreme Court · 1902
  3. Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
  4. Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
  5. Keatley v. Illinois Central Railway Co.Supreme Court of Iowa · 1895

15 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Franklin v. Franklin Ex Rel. PhillipsMississippi Supreme Court · 2003
  2. Davis v. Florida Power Co.Supreme Court of Florida · 1912
  3. Seaboard Air-Line Railway Co. v. FountainSupreme Court of Georgia · 1931
  4. Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
  5. State ex rel. Railroad Commissioners v. Atlantic Coast Line RailroadSupreme Court of Florida · 1910

17 more not listed; retrieve them via the Exa API.

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