Hatter v. Illinois Central Railroad
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. Plaintiff, a minor about nineteen years of age, was injured while in the employ of the Illinois Central Railroad Company as a brakeman on a freight-train. He alleged in his declaration in this ease that the railroad company was negligent in its duty of furnishing suitable appliances, and that he was injured by reason of a defective coupling.
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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. Plaintiff, a minor about nineteen years of age, was injured while in the employ of the Illinois Central Railroad Company as a brakeman on a freight-train. He alleged in his declaration in this ease that the railroad company was negligent in its duty of furnishing suitable appliances, and that he was injured by reason of a defective coupling. Plea of general issue, with notice that the injury was caused by reason of plaintiff's fault and negligence. The plaintiff testified that, without negligence on his…
1Opinion of the CourtCooper, J.
The complaint of the appellant was not that the coupler used by the defendant company was defective as one of its kind, but that it was of a kind more dangerous in its use than those of another sort. But it was proved by the defendant, and not controverted by the plaintiff, that the use of this coupler (one with a chafing-iron attached) was not unusual when the plaintiff' entered into its service; that there were several of its freight-engines so equipped, which were intended to be used upon passenger-trains as occasion might require. The plaintiff' himself seems to have-recognized the fact…
2Cited by5 opinions
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