Amos v. Mobile & Ohio R. R.
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. In September, 1883, Miranda Amos instituted this suit for damages against the Mobile and Ohio Railroad Company for the killing of her minor son sometime during that year.
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Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. In September, 1883, Miranda Amos instituted this suit for damages against the Mobile and Ohio Railroad Company for the killing of her minor son sometime during that year. The decíaration set out that the killing was the result of an attempt on the part of the boy to obey the instructions of a conductor to couple cars, the bumper to one of which was wanting or defective, whereby the cars caught the boy between them and instantly crushed him to death, and was occasioned by the negligence of the railroad company in…
1Opinion of the CourtArnold, J.
The declaration showed no right of action in appellant. Section 1510 of the Code of 1880, copied from the Code of 1857, created a cause of action which did not exist at common law; but this statutory cause of action was limited to cases in which the deceased person “ left a widow or children, or both, or husband or father.” “ The parent,” mentioned in one portion of the statute, in whose name action might be brought to recover damages for the death of a child, must be referred to the parent previously designated in ■the statute, to wit, the father left by the deceased.
This defect in the…
2Cited by5 opinions
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