Hooks v. Mills
Mississippi Supreme Court
Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Suit by Mrs. E. E. Mills et al. ag’ainst W. B. Hooks. From a judgment for plaintiff, defendant appeals.
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Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Suit by Mrs. E. E. Mills et al. ag’ainst W. B. Hooks. From a judgment for plaintiff, defendant appeals. This is an appeal from a judgment for appellees, who were plaintiffs in the court below, for five thousand dollars for the death of E. E. Mills; the suit being predicated upon the alleged negligence of the appellant, due to the unsafe condition of a dummy line owned by him and used for bringing logs to his mill. The deceased was engineer on the only engine operated on the dummy line. At his own request he had been…
1Opinion of the CourtSmith, J.
Appellant’s request for a peremptory instruction was properly refused. It was for the jury to say whether or *100not the derailment of the train was caused by a defective track, and, if so, whether or not such defect was the result of appellant’s negligence. If the evidence of Mrs. Mills that appellant, in the latter part of November, declined to permit Mr. Mills to assume control of the repairing of the track is true, the jury were warranted in not believing that he had been in such control since August 1st, as claimed by appellant.
Appellee’s third instruction ought not to have been given. One…
2Cited by14 opinions
- Texas Co. v. MillsMississippi Supreme Court · 1934
- Meridian Grain & Elevator Co. v. JonesMississippi Supreme Court · 1936
- Gulfport Creosoting Co. v. WhiteMississippi Supreme Court · 1934
- Anderson v. McGrewMississippi Supreme Court · 1929
- Metropolitan Life Ins. Co. v. EvansMississippi Supreme Court · 1938
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