New Deemer Mfg. Co. v. Alexander
Mississippi Supreme Court
Appeal from circuit court of Neshoba county. Hon. A. J. M'oLaurin, Judge. Action by Mrs. Ida Mae Alexander and others against the New Deemer Manufacturing Company and others for wrongful death of her husband. Judgment for plaintiffs, and defendants appeal. A peremptory instruction should have been given for appellants by the court below. There is no evidence showing or tending" to show that the appellants knew or had reason to believe that the tree would fall.
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Appeal from circuit court of Neshoba county. Hon. A. J. M'oLaurin, Judge. Action by Mrs. Ida Mae Alexander and others against the New Deemer Manufacturing Company and others for wrongful death of her husband. Judgment for plaintiffs, and defendants appeal. A peremptory instruction should have been given for appellants by the court below. There is no evidence showing or tending" to show that the appellants knew or had reason to believe that the tree would fall. In 4 Labatt, sec. 919, the rule is announced as follows: “All that can be required of the master is that he shall use due and…
1Opinion of the Court
eti-irid,gb, J.,
delivered the opinion of the court.
Appellees brought suit against the appellants for the death of James Clarence Alexander, the husband of Ida Mae Alexander and the father of the other appellants. The New Deenler Manufacturing Company is a lumber manufacturing company and, among.other instrumentalities, operated what is known as a skidder and drum which is placed on the railroad track and operated by the dangerous agency of steam, "and which is used for the *890purpose of drawing’ logs from the forest to the tracks and loading them on cars; the logs being attached to a cable and…
2Cases cited3 opinions
- Cumberland Telephone & Telegraph Co. v. AndersonMississippi Supreme Court · 1906
- Hunter v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1916
- Ellis v. Bear Creek Mill Co.Mississippi Supreme Court · 1918
3Cited by26 opinions
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- McGowan v. Estate of WrightMississippi Supreme Court · 1988
- Avery v. CollinsMississippi Supreme Court · 1934
- Gordon v. LeeMississippi Supreme Court · 1949
- Sheffield v. SheffieldMississippi Supreme Court · 1981
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