Russell v. Williams

ON SUGGESTION OF ERROR.

Appellant contends that we should have reversed and dismissed because, first, there is no testimony showing that Carpenter was a superior foreman by any express authority of Russell, and that it is not sufficient that the alleged superior agent assumed such position, citing Gulfport Mississippi Coast Traction Co. v. Faulk, 118 Miss. 894, 80 So. 340, or that the superior agent has declared himself as occupying that position. Therrell v. Ellis,83 Miss. 494, 35 So. 826. This is true, but, if the facts show, as some of the evidence here did show, that over a considerable…