Legal Opinion

Mississippi Oil Co. v. Smith

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 10 opinions

From the circiiit court of Lauderdale county. ITon. Robert F. Cochran, Judge. Mrs. Smith and others, appellees, were plaintiffs in the court below; the Mississippi Cotton Oil Company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are stated in the opinion of the court.

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From the circiiit court of Lauderdale county. ITon. Robert F. Cochran, Judge. Mrs. Smith and others, appellees, were plaintiffs in the court below; the Mississippi Cotton Oil Company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are stated in the opinion of the court. Counsel argued the case fully in their brief, citing the following authorities:— Solomon v. Gompress Co., 69 Miss. 326, 10 South. 446, 12 South. 339; Miller v. Wesson, 58 Miss. 834; Railroad Go. v. Davis, 91 Ala. 496; Railway Go. v. Hirsch, 69 Miss. 135,…

1Opinion of the Court

Whitfield, O. J.,

delivered the opinion of the court.

This, is an action brought by the plaintiffs, Mrs. Smith, *533mother, and her four children, minors, for damages resulting from the killing by the appellant of Willie Mack Smith, the son of the mother, and brother of the minors. The decedent was caught and crushed in :the machinery of the appellant, and died some twenty-four hours later, after enduring manifestly very great physical and mental agony. There was a judgment in the court below for $10,000 damages, from which ■this appeal was prosecuted.

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2Cases cited3 opinions

  1. Illinois Central Railroad v. CrudupMississippi Supreme Court · 1885
  2. Cumberland Telephone & Telegraph Co. v. AndersonMississippi Supreme Court · 1906
  3. Vicksburg Railroad, Power & Manufacturing Co. v. WhiteMississippi Supreme Court · 1903

3Cited by10 opinions

  1. McGowan v. Estate of WrightMississippi Supreme Court · 1988
  2. Avery v. CollinsMississippi Supreme Court · 1934
  3. Helena Gas Co. v. RogersSupreme Court of Arkansas · 1912
  4. Bush v. WatkinsMississippi Supreme Court · 1955
  5. Gulf & S. I. R. v. BooneMississippi Supreme Court · 1919

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