Legal Opinion

Payne v. McNeeley

Mississippi Supreme Court

Decided March 15, 1920No. 21101PublishedCited by 2 opinions

Appeal from tlie circuit court of Wilkinson county. Hon. R. E. Jackson, Judge. Action by Clarence McNeeley against the Yazoo & Mississippi Valley Railroad, and Walker D. Hines, Director General of Railroads, in which on motion John Barton Payne was substituted as agent for the Director General.' Verdict for plaintiff, and John Barton Payne, agent, appeals.

1Opinion of the CourtEthridge, J.

McNeely brought suit against the Yazoo & Mississippi. Yalley Railroad for personal injuries. On the former trial the defendant filed a plea in abatement, upon which issue was joined, and a verdict rendered on the plea in abatement for the plaintiff. The trial court refused to enter a judgment quod recuperet on the verdict on the plea in abatement, and there was' a trial before the jury on the merits and a verdict for the defendant, and the case -was appealed to this court. In McNeeley v. Y. & M. V. R. Co., 119 Miss. 897, 81 So. 641, the case was reversed, judgment quod recuperet entered here,…

2Cases cited10 opinions

  1. Grand Chute v. WinegarSupreme Court of the United States · 1873
  2. Washburn & Moen Manufacturing Co. v. Chicago Galvanized Wire Fence Co.Illinois Supreme Court · 1886
  3. Ogden v. LarrabeeIllinois Supreme Court · 1873
  4. Hook v. RichesonIllinois Supreme Court · 1886
  5. Mason v. MasonCourt of Appeals of Kentucky · 1868

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3Cited by2 opinions

  1. Estate of Anderson v. DEPOSIT GUAR. NAT.Mississippi Supreme Court · 1996
  2. Howard W. Davis v. AmSouth BankMississippi Supreme Court · 1992

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