Barmore v. Vicksburg, Shreveport & Pacific Railway Co.
Mississippi Supreme Court
From the circuit court of Warren county. Hon. George Anderson, Judge. Barmore, the appellant, was plaintiff, and the railway company, the appellee, defendant in the court below. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court, and also in the dissenting opinion of the chief justice.
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From the circuit court of Warren county. Hon. George Anderson, Judge. Barmore, the appellant, was plaintiff, and the railway company, the appellee, defendant in the court below. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court, and also in the dissenting opinion of the chief justice. If it be admitted that Watson had no business to propel the tricycle east of Cow Bayou trestle, and that when he passed across it he was engaged on business of his own, to accommodate a sick acquaintance with a ride to Waverly, and…
1Opinion of the CourtTruly, J.
Considering the time, place, and circumstances under which the injury forming the basis of this suit was inflicted, we think the question of whether Watson, the employe of appellee, to whose negligence the injury is charged, was on that occasion acting outside the scope of his employment, should have been submitted to the consideration of the jury. The record demonstrates that the relation of master and servant existed between Watson and apj>ellee, and, this being established, the question of whether, in the particular instance,, the servant was acting within the scope of his employment, if…
2Cases cited24 opinions
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Quinn v. . PowerNew York Court of Appeals · 1882
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
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3Cited by95 opinions
- Southern Cotton Oil Co. v. AndersonSupreme Court of Florida · 1920
- Young v. MasciSupreme Court of the United States · 1933
- Susco Car Rental System of Florida v. LeonardSupreme Court of Florida · 1959
- Crowell v. DuncanSupreme Court of Virginia · 1926
- Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
90 more not listed; retrieve them via the Exa API.