Cecil Lumber Co. v. McLeod
Mississippi Supreme Court
Appeal from, circuit court of Pearl Biver County. 'Hon. W. J. Craneord, Special Judge. Action by James McLeod against the Cecil Lumber Company.
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Appeal from, circuit court of Pearl Biver County. 'Hon. W. J. Craneord, Special Judge. Action by James McLeod against the Cecil Lumber Company. Judgment for plaintiff, and defendant appeals, It is submitted by tlie appellant that tbe granting of tbe first two instructions requested by tbe appellee in the court below so clearly constituted reversible error under the facts of this case and the previous decisions of this court, that the matter is not susceptible of serious debate. While there was no evidence at all introduced below in substantiation of the charges of negligence of appellant…
1Opinion of the Court
.Holden, J.,
delivered the opinion of the court.
This is an appeal from a judgment for five thousand dollars recovered as damages for personal injuries received by the appellee while employed in appellant’s sawmill. The recovery is based upon two grounds, namely, *785that the injury was caused by the negligent failure of the master to furnish a reasonably safe place in which to work, and that the culpable negligence of the master in knowingly employing an unfit and incompetent fellow1 servant caused or contributed to the injury of appellee. There were two other counts in the declaration, charging…
2Cases cited2 opinions
- Beers v. Isaac Prouty Co.Massachusetts Supreme Judicial Court · 1908
- J. J. Newman Lumber Co. v. DantzlerMississippi Supreme Court · 1914
3Cited by3 opinions
- Wilbe Lumber Co. v. CalhounMississippi Supreme Court · 1932
- Brown v. AddingtonMississippi Supreme Court · 1958
- Southern Package Corp. v. MitchellCourt of Appeals for the Fifth Circuit · 1940