Bussey v. Gulf & Ship Island Railroad
Mississippi Supreme Court
From the circuit court of, first district, Hinds county. JEEon. Robert Powell, Judge. This was an action brought by the. father, mother, brother and sister of Thomas B. Bussey, a brakeman, who, while in the 'service of the appellee, was, as averred in the declaration, thrown from a train and killed in consequence of a derailment resulting from a loose and sunken joint in the rails of appel-lee’s track, the damages claimed being such as the jury might award, taking into…
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From the circuit court of, first district, Hinds county. JEEon. Robert Powell, Judge. This was an action brought by the. father, mother, brother and sister of Thomas B. Bussey, a brakeman, who, while in the 'service of the appellee, was, as averred in the declaration, thrown from a train and killed in consequence of a derailment resulting from a loose and sunken joint in the rails of appel-lee’s track, the damages claimed being such as the jury might award, taking into consideration all damages of whatever kind to the decedent. The defendant (appellee here) demurred to the declaration, and…
1Opinion of the Court
Whitfield; O.- J.,
delivered the opinion of the court.
The only true way to understand chs. 65 and 66 of the laws of 1891 is to do'as ought always to be done in getting at the *607meaning of statutes; that is to say, to look at them in tbe light of their history and purposes. The action here is to recover for the negligence of the company, not that of a fellow servant. Appellants claim the right to bring the action under ch. 65. The court below held that, as the deceased was an employee, the suit could only be brought under ch. 66. It also held that ch. 66 repealed ch. 65 as to all actions by…
2Cases cited4 opinions
- Illinois Central Railroad v. PendergrassMississippi Supreme Court · 1891
- Illinois Central Railroad v. HunterMississippi Supreme Court · 1892
- McMaster v. Illinois Central RailroadMississippi Supreme Court · 1887
- Illinois Central Railroad v. WoolleyMississippi Supreme Court · 1900
3Cited by6 opinions
- Long v. McKinneyMississippi Supreme Court · 2004
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Chiara v. Stewart Mining Co.Idaho Supreme Court · 1913
- Yazoo & Mississippi Valley Railroad v. SchraagMississippi Supreme Court · 1904
- Yazoo & Mississippi Valley Railroad v. WashingtonMississippi Supreme Court · 1907
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