McTighe, Hughey & McTighe v. Johnson
Mississippi Supreme Court
Appeal from the circuit court of Copiah county. Hon. J. B. Holden, Judge. Suit by Mary Willie Johnson, by next friend, against McTighe, Hughey &■ McTighe. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. •The universal rule seems to be that the fact that the same or another person for whom the defendant is responsible did a similar negligent act or showed similar negligent management is irrelevant and cannot be shown.
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Appeal from the circuit court of Copiah county. Hon. J. B. Holden, Judge. Suit by Mary Willie Johnson, by next friend, against McTighe, Hughey &■ McTighe. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. •The universal rule seems to be that the fact that the same or another person for whom the defendant is responsible did a similar negligent act or showed similar negligent management is irrelevant and cannot be shown. Maltón v. Nesbit, 11. C. & P. 70; Edwards,v. Otíowa Riv Under the declaration appellee was confined to the negligent…
1Opinion of the CourtStevens, J.
Appellants were defendants in the court below in an action for damages, instituted by Mary Willie Johnson, a minor, by Amzi Johnson, her father and next friend. Appellants, as contractor, entered into a contract with the proper authorities of Attala county to construct and improve certain highways, one of which is referred to as the “Natchez Trace” Road. It appears that they were also awarded the contract to construct the .Greensboro Road and the Louisville Road, but the actual work of improving the last-named road, and also a portion of the Natchez Trace, south, was done by persons employed…
2Cases cited8 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
- Akin v. Bradley Engineering & Machinery Co.Washington Supreme Court · 1907
- Vills v. City of CloquetSupreme Court of Minnesota · 1912
- Nelson v. McLellanWashington Supreme Court · 1903
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3Cited by15 opinions
- Hughes v. Star Homes, Inc.Mississippi Supreme Court · 1980
- Fisher v. BurrellOregon Supreme Court · 1925
- Laurel Light & Ry. Co. v. JonesMississippi Supreme Court · 1924
- W. L. Coleman v. Associated Pipeline Contracttors, Inc.Court of Appeals for the Fifth Circuit · 1971
- Hercules Powder Co. v. WilliamsonMississippi Supreme Court · 1926
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