Ballard v. Mississippi Cotton Oil Co.
Mississippi Supreme Court
From tbe circuit court of Yazoo county. ELon. Robert Powell, Judge. The appellants, Elizabeth Ballard and others, were plaintiffs and the appellee defendant in the court below. This was an action brought by Elizabeth Ballard and her husband and their three children against the Mississippi, Cotton Oil Co., a corporation, to recover damages for the death of John Ballard, who was the son of Elizabeth Ballard and her husband, and the brother of the other plaintiffs.
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From tbe circuit court of Yazoo county. ELon. Robert Powell, Judge. The appellants, Elizabeth Ballard and others, were plaintiffs and the appellee defendant in the court below. This was an action brought by Elizabeth Ballard and her husband and their three children against the Mississippi, Cotton Oil Co., a corporation, to recover damages for the death of John Ballard, who was the son of Elizabeth Ballard and her husband, and the brother of the other plaintiffs. John Ballard was an employe in defendant’s cotton seed oil mill, and while oiling the machinery, in the discharge of his duty, fell,…
1Opinion of the CourtWhitfield, C. J.
We are clearly of the opinion that the stepladder furnished the deceased employe, John W. Ballard, was a wholly unsafe and dangerous appliance; but it is equally clear that he had knowledge of its dangerous character. Under the common law his suit would, therefore, fail; but he sués under the provisions of the act of 1898 (Laws of 1898, p. 85, ch. 66). Section 1 is amendatory of ch. 87 of the laws of 1896 (Laws of 1896, p. 97), which itself is amendatory of § 3559 of the code of 1892, which is a mere rescript of sec. 193 of the constitution of 1890.
Section 193 is in these words: “Every…
2Cases cited26 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Holden v. HardySupreme Court of the United States · 1898
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- United States v. REESESupreme Court of the United States · 1876
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3Cited by37 opinions
- Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
- Davis v. Florida Power Co.Supreme Court of Florida · 1912
- Adams v. Standard Oil Co.Mississippi Supreme Court · 1910
- State v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1910
- State ex rel Wyckoff v. RossWyoming Supreme Court · 1924
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