Petroleum Iron Works v. Bailey
Mississippi Supreme Court
Appeal from circuit court of Harrison county. Hon. D. M. Graham, Judge. Action by E. W. Bailey against the Petroleum Iron Works. Judgment for plaintiff, and defendant appeals. Suppose we were to admit everything appellee will contend in its brief, that is, that Dan Daugherty was a foreman, the situation would not be changed. The title cuts no figure. It is well settled that the nature of the work performed and not title of an employee governs his status as an employee.
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Appeal from circuit court of Harrison county. Hon. D. M. Graham, Judge. Action by E. W. Bailey against the Petroleum Iron Works. Judgment for plaintiff, and defendant appeals. Suppose we were to admit everything appellee will contend in its brief, that is, that Dan Daugherty was a foreman, the situation would not be changed. The title cuts no figure. It is well settled that the nature of the work performed and not title of an employee governs his status as an employee. Pasco’s case, 81 L. R. A. (N. S.) 158; See, also, 54 D. R. A..33. If this proposition is disputed we will get together the…
1Opinion of the CourtSykes, J.
The appellee, as plaintiff in the circuit court, brought suit for damages for an assault and battery alleged to have been committed upon him by the general foreman of the appellant company. The case was submitted to a jury, and a verdict returned in favor of the plaintiff for five hundred dollars, and a judgment thereupon rendered by the court.. From which judgment this appeal is prosecuted.
The defendant in the circuit court pleaded the general issue, and gave notice thereunder that it would prove that the assault and battery grew out of a personal difficulty, for which the master was not…
2Cases cited6 opinions
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
- N. O., J. & G. N. R. R. Co. v. HughesMississippi Supreme Court · 1873
- Hines v. ColeMississippi Supreme Court · 1920
- Lagrone v. Mobile & Ohio RailroadMississippi Supreme Court · 1890
- Givens v. Southern Railway Co.Mississippi Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Statham v. BlaineMississippi Supreme Court · 1958
- Hercules Powder Co. v. HammackMississippi Supreme Court · 1926
- Gwin v. CarterMississippi Supreme Court · 1930