Ross v. Louisville N.R. Co.

On the first appearance of this case at the bar of the trial court it was dismissed on demurrer; but, on appeal, we were of the opinion that the third count of the declaration was sufficient to take the case to the jury, and the judgment was reversed and the cause remanded. Ross v. Louisville & N. R. Co., 178 Miss. 69, 172 So. 752.

It will be seen from the cited opinion that, according to the allegations of the declaration, the asserted personal injury was caused by a collision of plaintiff, a flagman, riding on the rear outside of an express car, with an express truck, the said truck having…