Illinois Central Railroad v. Hunter
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. B. Ohrisman, Judge. This is a joint action by Ida Hunter, suing in her own right and as next friend for John Hunter, a minor, to recover of the Illinois Central Railroad Company damages for the killing of John Hunter, husband of the said Ida Hunter and father of the said John Hunter, plaintiffs.
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From the circuit court of Copiah county. Hon. J. B. Ohrisman, Judge. This is a joint action by Ida Hunter, suing in her own right and as next friend for John Hunter, a minor, to recover of the Illinois Central Railroad Company damages for the killing of John Hunter, husband of the said Ida Hunter and father of the said John Hunter, plaintiffs. Deceased was engaged as fireman on one of defendant’s locomotives, and, in March, 1892, sustained fatal injuries in a collision, caused by the negligence of defendant’s telegraph operator at Crystal Springs in failing to deliver an order of the…
1Opinion of the Court
Campbell, C. J\,
delivered the opinion of the court.
Section 193 of the constitution of 1890 gives to an employe of a railroad corporation a right of action in certain states of case specifically defined by it, and, where death ensues, gives a right of action to the “ legal or personal representatives ” of the person injured.
We think a fireman on an engine and a telegraph operator *477are engaged in different departments of labor, or “ about a different piece of .work,” in the meaning of the constitution. An action for an injury resulting in death, based on the constitutional provision mentioned,…
2Cited by13 opinions
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- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Illinois Cent. R. v. IhlenbergCourt of Appeals for the Sixth Circuit · 1896
- Fithian v. St. Louis & S. F. Ry. Co.U.S. Circuit Court for the District of Western Arkansas · 1911
- Sealy v. GoddardMississippi Supreme Court · 2005
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