Mississippi Central R. R. v. Lott
Mississippi Supreme Court
Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Suit by Berry Lott against the Mississippi Central Eailroad Company. From a judgment for plaintiff, defendant appeals. Appellee, as plaintiff in the court below, instituted this action against appellant to recover damages claimed to have been sustained through the negligence of defendant' from alleged defective “grabiron” on a freight car.
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Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Suit by Berry Lott against the Mississippi Central Eailroad Company. From a judgment for plaintiff, defendant appeals. Appellee, as plaintiff in the court below, instituted this action against appellant to recover damages claimed to have been sustained through the negligence of defendant' from alleged defective “grabiron” on a freight car. Appellee was employed by the J. J. Newman Lumber Company, a corporation. owning and operating a large plant at Sumrall, Miss., for the manufacture and shipment of lumber. The…
1Opinion of the CourtStevens, J.
The claimed right of the plaintiff in this case to recover is predicated on the alleged negligence of appellant in furnishing to the J. J. Newman Lumber Company, the shipper, the freight car with a defective grabiron. The defendant challenges the right of the plaintiff to recover anything, contending that, inasmuch as plaintiff was not a servant of the defendant carrier it owed plaintiff no duty, and cannot be made to respond in damages for any injury resulting from a defective grabiron. Much is said in the briefs of counsel about the two cars having been received from the Illinois Central…
2Cases cited19 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Beauchamp v. Saginaw Mining Co.Michigan Supreme Court · 1883
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Moon v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
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3Cited by9 opinions
- Jude McClendon v. Reynolds Electrical and EngineeringCourt of Appeals for the Fifth Circuit · 1970
- Federal Compress & Warehouse Co. v. SwilleyMississippi Supreme Court · 1965
- Robirtson v. Gulf S.I.R. Co.Mississippi Supreme Court · 1935
- Hertz Corporation v. GozaMississippi Supreme Court · 1974
- Johnson v. BuckleyCourt of Appeals for the Fifth Circuit · 1963
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