Broom v. Southern Railway
Mississippi Supreme Court
Appeal from the circuit court of Lowndes county. Hon. T. B. Carroll; Judge. Suit by Mrs. Ida K. Broom against the Southern Bailway in Mississippi. The court overrules plaintiff’s demurrer to defendant’s' plea of the statute of limitations and plaintiff appeals. The facts are fully stated in the opinion of the court. Amendments: 25 Cyc., page 1305, “Amendment to Pleadings.”
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Appeal from the circuit court of Lowndes county. Hon. T. B. Carroll; Judge. Suit by Mrs. Ida K. Broom against the Southern Bailway in Mississippi. The court overrules plaintiff’s demurrer to defendant’s' plea of the statute of limitations and plaintiff appeals. The facts are fully stated in the opinion of the court. Amendments: 25 Cyc., page 1305, “Amendment to Pleadings.” “An amendment of a declaration, petition, or complaint which sets up no cause of action or claim and makes no new demand relates back to the commencement of the action, and the running of the statute against the claim so…
1Opinion of the Court
Holden, J.,
deivered the opinion of the court.
On June 19, 1915, the appellant, Mrs. Ida K. Broom, as administratrix of the estate of her deceased husband, J ohn W. Broom, instituted suit against the appellee railway company in the circuit court of Lowndes county on behalf of herself, as widow and for the surviving children, who were named in the declaration. The declaration states a cause of action under the state law. Acts 1914, page 281. 'The declaration complains that the husband of appellant was an engineer in the employ of the appellee railway •company, and while on duty was injured…
2Cases cited2 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Curtice v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
3Cited by7 opinions
- Fleming v. Travelers InsuranceMississippi Supreme Court · 1949
- Damiano v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1947
- Illinois Cent. R. Co. v. WalesMississippi Supreme Court · 1937
- Keith v. T. & P. R. R.Louisiana Court of Appeal · 1930
- McKesson & Robbins, Inc. v. CokerMississippi Supreme Court · 1955
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