Legal Opinion · Dissent

Vicksburg Gas Co. v. Ferguson

Mississippi Supreme Court

Decided December 7, 1925No. 25028Published

1DissentEthridge, J.

Judge Holden and I are of the opinion that an automobile or a motor truck, while being operated upon the public highway or street, is a dangerous agency per se, and that the owner of the automobile is under duty to see that the machine is carefully operated so as to prevent injury to other persons using the street or highway, and that the case of Barmore v. V. S. & P. Railway Co., 85 Miss. 426, 38 So. 210, 70 L. R. A. 627, 3 Ann. Cas. 594, is controlling in this case; that the doctrine therein adopted and announced by this court is sound and should be applied to motor vehicles. This case will…

2Cases cited31 opinions

  1. Block v. HirshSupreme Court of the United States · 1921
  2. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  3. Southern Cotton Oil Co. v. AndersonSupreme Court of Florida · 1920
  4. Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
  5. Albritton v. ScottSupreme Court of Florida · 1917

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