Kirkpatrick v. Ferguson-Palmer Co.
Mississippi Supreme Court
Appeal from the circuit court of Chickasaw county. Hon. J. L. Bates, Judge. Suit by Lucretia Kirkpatrick and others against the Ferguson-Palmer Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Chickasaw county. Hon. J. L. Bates, Judge. Suit by Lucretia Kirkpatrick and others against the Ferguson-Palmer Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We do not insist, nor did we so insist after the proof was in the lower court, that there was such negligence in the felling of the tree by the servants of the appellee as would entitle the heirs or legal representatives of Buddy Kirkpatrick to recover for the loss of his life. The declaration as amended states a cause of action occurring…
1Opinion of the CourtStevens, J.
This is an action for damages instituted by Mrs. Lucretia Kirkpatrick, -the mother, and certain named brothers and sisters of Eobert Lee Kirkpatrick against appellee, Ferguson-Palmer Company, to recover damages for the alleged wrongful killing of the said Eobert Lee, who at the time of his death was a minor and the eldest son of the said Mrs. Kirkpatrick. On the trial of the case the court excluded the plaintiffs’ testimony and granted a peremptory charge in favor of the defendant. A motion to set aside the judgment and grant a new trial was by the circuit judge taken under advisement and…
2Cases cited20 opinions
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Mayhew v. BurnsIndiana Supreme Court · 1885
- City of Eureka v. MerrifieldSupreme Court of Kansas · 1894
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Trow v. ThomasSupreme Court of Vermont · 1898
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3Cited by5 opinions
- Berryhill v. NicholsMississippi Supreme Court · 1935
- Hasson Grocery Co. v. CookMississippi Supreme Court · 1944
- Hines v. McCullersMississippi Supreme Court · 1920
- Deposit Guaranty Bank & Trust Co. v. NelsonMississippi Supreme Court · 1951
- DEPOSIT GUAR. B. & T. CO. v. NelsonMississippi Supreme Court · 1951