Legal Opinion

Neely v. Payne

Mississippi Supreme Court

Decided October 15, 1921No. 21777PublishedCited by 12 opinions

Appeal from circuit court of Hancock county. Hon. D. M. Graham, Judge. Suit by L. Y. Neely against John Barton Payne, Director General of Railroads, and others. Yerdict for the defendants, and the plaintiff appeals. All that our friends say on the facts, certainly would not be justification for the court in refusing the appellant, the right to proceed against the Louisville & Nashville R. R. Company guilty or not guilty.

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Appeal from circuit court of Hancock county. Hon. D. M. Graham, Judge. Suit by L. Y. Neely against John Barton Payne, Director General of Railroads, and others. Yerdict for the defendants, and the plaintiff appeals. All that our friends say on the facts, certainly would not be justification for the court in refusing the appellant, the right to proceed against the Louisville & Nashville R. R. Company guilty or not guilty. The plaintiff had a right to file his complaint against the Louisville & Nashville R. R. Company, and to have it heard against the company. The authorities on that subject…

1Opinion of the CourtSykes, J.

The appellant, as plaintiff in the circuit court, brought suit against the Director General of Railroads, the Louisville & Nashville Railway Company, and the American *861Railway Express Company for damages for slander and libel. There are three counts contained in the declaration. As originally drawn, in the first count of the declaration the plaintiff attempted to charge a slander under the actionable word statute. Section 10, Code of 1906 (section 1, Hemingway’s Code). A demurrer was properly sustained to this count because a corporation cannot be held liable under this statute. Dixie Fire…

2Cases cited3 opinions

  1. Gouled v. United StatesSupreme Court of the United States · 1921
  2. Illinois Central Railroad v. AbramsMississippi Supreme Court · 1904
  3. Dixie Fire Insurance v. BettyMississippi Supreme Court · 1912

3Cited by12 opinions

  1. Hines v. GravinsSupreme Court of Virginia · 1922
  2. Conroy v. BrelandMississippi Supreme Court · 1939
  3. Mills v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
  4. Missouri Pac. Transp. Co. v. BeardMississippi Supreme Court · 1937
  5. Henry v. CollinsMississippi Supreme Court · 1963

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