New Deemer Mfg. Co. v. Kilpatrick
Mississippi Supreme Court
Appeal from circuit court of Neshoba county. Hon. J. R. East, Special Judge. Action by T. T. Kilpatrick against the New Deemer Manufacturing Company. From a judgment in favor of plaintiff, defendant appeals.
Read the full summary
Appeal from circuit court of Neshoba county. Hon. J. R. East, Special Judge. Action by T. T. Kilpatrick against the New Deemer Manufacturing Company. From a judgment in favor of plaintiff, defendant appeals. The first contention of appellant is that there is no legal basis or statute for damages against defendant for a failure to construct and maintain cattle gaps or stock guards and crossing for plantation roads as alleged in plaintiff’s declaration, since these items are claimed only as a violation of the requirements of railroad companies in the way of a penalty. Unless this suit, insofar…
1Opinion of the CourtEthridge, J.
The appellee was plaintiff in the court beloAV, and filed a suit against the appellant, a lumber manufacturing company,.for damages inflicted upon the plaintiff by operating its logging road through the plantation of the plaintiff and failing to properly construct stock gaps at the point of entry and point of exit, said line passing through the *276plaintiff’s pasture, also bis failure to construct a suitable crossing for a plantation road, bringing suit for the statutory penalty contained in the chapter on railroads and also for damages incurred by the plaintiff by cattle getting out of the…
2Cases cited4 opinions
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
- Gibbs v. DrewSupreme Court of Florida · 1877
- Scoot v. LloydSupreme Court of Florida · 1877
- Givens v. Southern Railway Co.Mississippi Supreme Court · 1909
3Cited by4 opinions
- Sexton v. StateSupreme Court of Alabama · 1940
- Crowley v. Polleys Lumber Co.Montana Supreme Court · 1932
- Humble Oil & Refining Co. v. HamerCourt of Appeals of Texas · 1942
- Eastman, Gardner & Co. v. SullivanMississippi Supreme Court · 1923