Illinois Central Railroad v. Woolley
Mississippi Supreme Court
Neom: the circuit court of Lafayette county. IíoN. Z. ]VI. Stephens, Judge. The appellee, Julia A. Woolley was plaintiff, and tbe appellant railroad company, defendant in the court below. The facts are stated in the opinion of the court. The proximate cause of the injury in this case was the negligence of 'some fellow-servant of the engineer — 'either the engineer, fireman or brakeman on the train who- had handled the car, or of the depot agent.
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Neom: the circuit court of Lafayette county. IíoN. Z. ]VI. Stephens, Judge. The appellee, Julia A. Woolley was plaintiff, and tbe appellant railroad company, defendant in the court below. The facts are stated in the opinion of the court. The proximate cause of the injury in this case was the negligence of 'some fellow-servant of the engineer — 'either the engineer, fireman or brakeman on the train who- had handled the car, or of the depot agent. The negligence which was the proximate cause of the injury, and it is to the proximate cause alone that the court will look, was the negligence of a…
1Opinion of the Court
OaltiooN, J.,
delivered tbe opinion of tbe court.
The death of plaintiff’s husband having occurred on November 25th, 1895, and before the acts of 1896, and he, being an employe of the company, his widow could not sue basing her action on § 193 of the constitution as to fellow-servants, as was held in Illinois, etc., R. R. Co. v. Hunter, 70 Miss., 471. This she concedes, and therefore she places her right to' sue on the case of White v. Louisville, etc., R’y Co., 72 Miss., 12, which holds that she may sue where her claim is not on the: ground that the death was caused by the negligence of a…
2Cases cited3 opinions
- Illinois Central Railroad v. CatheyMississippi Supreme Court · 1892
- Illinois Central Railroad v. HunterMississippi Supreme Court · 1892
- White v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1894
3Cited by4 opinions
- Foley ex rel. Foley v. McMahonMissouri Court of Appeals · 1905
- Bussey v. Gulf & Ship Island RailroadMississippi Supreme Court · 1901
- Alabama & Vicksburg Railway Co. v. RooksMississippi Supreme Court · 1900
- Clark v. StateMississippi Supreme Court · 1911