Legal Opinion

Natchez, Jackson & Columbus Railroad v. Cook

Mississippi Supreme Court

Decided October 15, 1885PublishedCited by 12 opinions

Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. James Crawford, aged seventeen and a half years, was in the' employ of the Natchez, Jackson and Columbus Eailroad Company as a brakeman, and while in the performance of his duty on a train running on the company’s road, the bridge across a certain bayou gave way, several cars were thrown from the track, and he received bruises and injuries which produced his death three days afterward.

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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. James Crawford, aged seventeen and a half years, was in the' employ of the Natchez, Jackson and Columbus Eailroad Company as a brakeman, and while in the performance of his duty on a train running on the company’s road, the bridge across a certain bayou gave way, several cars were thrown from the track, and he received bruises and injuries which produced his death three days afterward. This action was brought by Nancy Cook, as administratrix of Crawford’s estate and as his mother and only living parent, against the…

1Opinion of the CourtAknodd, J.

On the facts of record we concur in the conclusion reached in the court below, that the deceased was a minor, and had not been emancipated by his mother at the time of his death.

It may be conceded that the suit could not be maintained by appellee, as the mother of the child, under § 1510 of the code, and the amendment thereto made by the act of 1884, and that it is the doctrine of the common law that a civil action cannot be prosecuted to recover damages for an injury resulting in the death of a human being, but there is still a phase of the case in favor of appellee’s right to sue. Death did…

2Cases cited3 opinions

  1. Hyatt v. AdamsMichigan Supreme Court · 1867
  2. Sullivan v. Union Pac. R. Co.U.S. Circuit Court for the District of Nebraska · 1874
  3. Covington Street-railway Co. v. PackerCourt of Appeals of Kentucky · 1872

3Cited by12 opinions

  1. Long v. McKinneyMississippi Supreme Court · 2004
  2. Brandon HMA, Inc. v. BradshawMississippi Supreme Court · 2001
  3. Berryhill v. NicholsMississippi Supreme Court · 1935
  4. McGarr v. National & Providence Worsted MillsSupreme Court of Rhode Island · 1902
  5. Horgan v. Pacific MillsMassachusetts Supreme Judicial Court · 1893

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