Gilchrist-Fordney Co. v. Parker
Mississippi Supreme Court
Appeal from the circuit court of Jasper county.- Hon. W. H. Hughes, Judge. Suit by M. L. Parker against the Gilchrist-Fordney Company. From a judgment for plaintiff, defendant appeals.
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Appeal from the circuit court of Jasper county.- Hon. W. H. Hughes, Judge. Suit by M. L. Parker against the Gilchrist-Fordney Company. From a judgment for plaintiff, defendant appeals. The first count charged that on account of the defects of the logging engines of the defendant, and through the negligence in their operation over defendant’s logging road, sparks set fire to grass and weeds allowed to accumulate on the right of way, and thence fire spread on plaintiff’s land and destroyed fences and other property, resulting in damage. Second count alleges negligence as above, but seeks the…
1Opinion of the CourtSmith, C. J.
The court below committed no error in overruling appellant’s motion to require appellee to elect upon which count in his declaration lie would stand, for the reason that appellee is entitled to recover in one suit both his actual damages and the penalty of one hundred and fifty dollars prescribed by section 4988 of the Code. Railroad Co. v. Spencer, 72 Miss. 491, 17 So. 168.
The fact that at the time the fire occurred the land was not in. the actual possession of appellee, but was in the possession of a third person to whom he had leased it for one yeár, is immaterial. Leaving out of view…
2Cases cited6 opinions
- Dejarnett v. HaynesMississippi Supreme Court · 1852
- Darrill v. DoddsMississippi Supreme Court · 1901
- McCleary v. AnthonyMississippi Supreme Court · 1877
- Kansas City, Memphis & Birmingham Railroad v. SpencerMississippi Supreme Court · 1894
- Ware v. CollinsMississippi Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wilson v. Yazoo & M. v. R.Mississippi Supreme Court · 1942
- Gloster Lumber Co. v. WilkinsonMississippi Supreme Court · 1918
- Roell v. ShieldsMississippi Supreme Court · 1920