McNeely v. Y. & M. V. R. R.
Mississippi Supreme Court
Appeal from the circuit court of Wilkinson county. IioN. R. E. JacksoN, Judge. Suit by Clarence McNeely against the Yazoo & Mississippi Yalley Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Wilkinson county. IioN. R. E. JacksoN, Judge. Suit by Clarence McNeely against the Yazoo & Mississippi Yalley Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The eminent trial judge erred in the trial of this case in not permitting appellant to have judgment quod recuperet and in not sustaining appellant’s motion for judgment quod recuperet and for an award of a writ of inquiry to assess damages against appellee in favor of appellant after the jury had rendered a verdict in favor of…
1Opinion of the CourtEthbidge, J.
The appellant, Clarence McNeely, brought suit under the federal Employers’ Liability Act (April 22, 1908, chapter 149, 35 Stat. 65 [U. S. Comp. St. sections 8657-8665]) against the Yazoo & Mississippi Yalley Eailroad Company for an injury received from a train of ap-pellee engaged in interstate commerce. Plaintiff alleged that he was a resident of Wilkinson county, Miss., and that he was employed at the time of the injury by the appellee as a section foreman, and had employees under his control engaged in repairing the main line of track of the defendant railroad company near Mt. Airy, La.,…
2Cases cited9 opinions
- Livingston's v. StorySupreme Court of the United States · 1837
- Evans v. GeeSupreme Court of the United States · 1837
- Grand Chute v. WinegarSupreme Court of the United States · 1873
- Simpson v. Railway Co.Tennessee Supreme Court · 1890
- Lake Bisteneau Lumber Co. v. MimmsSupreme Court of Louisiana · 1897
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3Cited by4 opinions
- Coleman v. BowmanMississippi Supreme Court · 1924
- Payne v. McNeeleyMississippi Supreme Court · 1920
- Craig v. Winston CountyMississippi Supreme Court · 1936
- Yazoo & M. V. R. v. McNeelyMississippi Supreme Court · 1920