Illinois Central Railroad v. Ely
Mississippi Supreme Court
Erom tbe circuit court of Tallahatchie county. Hon. Samuel 0. Cooe, Judge. Ely, appellee, was plaintiff in the court below; the railroad company was defendant there. Erom a judgment for $25,000 in plaintiffs favor defendant appealed to' the supreme court. The facts are fully stated in the opinion of the court. I. (1) The language is not defamatory. It is immaterial that the defendants ought to have been satisfied with the plaintiffs work, if, in fact, they were not.
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Erom tbe circuit court of Tallahatchie county. Hon. Samuel 0. Cooe, Judge. Ely, appellee, was plaintiff in the court below; the railroad company was defendant there. Erom a judgment for $25,000 in plaintiffs favor defendant appealed to' the supreme court. The facts are fully stated in the opinion of the court. I. (1) The language is not defamatory. It is immaterial that the defendants ought to have been satisfied with the plaintiffs work, if, in fact, they were not. Bodgers v. Kline, 56 Miss., 816 ; 6 Am. & Eng. Enc. Law (2d ed.), 464 (1898) ; 21 Am. & Eng. Enc. Law (1st ed.), 114, 115;…
1Opinion of the CourtCalhooN, J.
Ely had been in the service of the railroad company seven or eight months as section foreman of a section known as “White-haven,” extending south for eight miles from Memphis, when he was discharged. On his application the company gave him a paper of discharge, or “clearance,” as it is calléd. This paper, *531the language of which is the predicate of this proceeding, is ini the following words:
' “G-. W. Ely has been employed in the capacity of section foreman at Whitehaven, Tenn., on the Mississippi Division of the Illinois Central Railroad, from May 28, 1901, to November 25, 1901. Canse for…
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