Pickens v. Illinois Central Railroad
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Pickens, appellant, was plaintiff in the court below, and the railroad company, appellee, defendant there. From a judgment in favor of the railroad company the plaintiff appealed to the supreme court.
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From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Pickens, appellant, was plaintiff in the court below, and the railroad company, appellee, defendant there. From a judgment in favor of the railroad company the plaintiff appealed to the supreme court. This suit was instituted in 1907, by Henry Pickens, as father of Levi Pickens deceased, and as administrator of his estate; the declaration reciting that in August, 1904, Levi Pickens, the decedent, a sixteen year old boy, sustained injuries, by being violently and wrongfully ejected from a moving train of the defendant…
1Opinion of the CourtMayes, J.
The declaration was filed on January 7, 1907. The wrongful act by which it’ is claimed that Levi Pickens lost his life occurred in August, 1904. The declaration was demurred to on several grounds; the main one being that under chapter 65, p. 82, of the Laws of 1898 (Oode 1906, § 721), the right to sue *217was barred within one year from the date of death in whomsoever rested the cause of action.
It is apparent from the statute cited that there can be but one cause of action for any injury producing death of any party. This statute was enacted for the purpose of uniting in one suit all causes of…
2Cited by10 opinions
- Gentry v. WallaceMississippi Supreme Court · 1992
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Smith v. McComb Infirmary AssociationMississippi Supreme Court · 1967
- Gulf & S. I. R. v. BradleyMississippi Supreme Court · 1915
- Kelly v. HowardMississippi Supreme Court · 1910
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