Hudson v. Mississippi Central Railroad
Mississippi Supreme Court
From tbe circuit court of Forest county. Hon. William H. Cook, Judge. Hudson, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment sustaining defendant’s demurrer to the entire declaration and dismissing the suit the plaintiff appealed to the supreme court. The facts as pleaded sufficiently appear from the opinion of the court.
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From tbe circuit court of Forest county. Hon. William H. Cook, Judge. Hudson, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment sustaining defendant’s demurrer to the entire declaration and dismissing the suit the plaintiff appealed to the supreme court. The facts as pleaded sufficiently appear from the opinion of the court. The declaration in this cause was drawn under section 193 of the Constitution of 1890, as construed in Oheaves v. Southern B. Go., 82 Miss. 48, 33 South. 649, 34 South. 385, and Southern B. Go. v. Gheave's,…
1Opinion of the CourtFletcher, J.
The second count of the declaration is drawn under section 1985 of the Code of 1906, and states a perfectly good cause of action. - It states, in effect, that plaintiff’s intestate was an employe of the defendant railroad company, and was killed by reason-of the train being derailed. It was not necessary to state more than this in order to put the company upon the defensive. The demurrer being a general one, it was manifest error to sustain it in the face of the second count.
We do not deem it necessary to pass upon the question presented by the first count, since it is obvious that the…
2Cited by3 opinions
- Stokes v. Great Southern Lumber Co.District Court, S.D. Mississippi · 1927
- Clark v. Gulf, M. & N. R.Mississippi Supreme Court · 1923
- Mobley v. New Orleans & Northeastern RailroadMississippi Supreme Court · 1911