J. J. Newman Lumber Co. v. Irving
Mississippi Supreme Court
Appeal from the circuit court of Forest county. Hon. Paul B. Johnson, Judge. Suit by Charley Irving against the J. J. Newman Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We insist that the motion to exclude the appellee’s testimony and for a permptory instruction should have been granted.
Read the full summary
Appeal from the circuit court of Forest county. Hon. Paul B. Johnson, Judge. Suit by Charley Irving against the J. J. Newman Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We insist that the motion to exclude the appellee’s testimony and for a permptory instruction should have been granted. Assuming for the sake of argument that the operation of the drum was negligent, still under the facts of this case, the appellee was not entitled to recover unless it be held that the doctrine anounced in Hunter v Ingram Day iAimber…
1Opinion of the CourtSykes, J.
The appellee, Charley Irvin, recovered a judgment in the circuit court against appellant lumber company for personal injuries, from which judgment this appeal is prosecuted.
The only question presented for our decision is whether or not section 1, chapter 194, of the Laws of 1908, which section abolishes the fellow-servant doctrine with reference to employees covered by it, is applicable to this case. If applicable, the appellee is entitled to recover; otherwise he would not be.
The testimony in the case shows that appellant lumber company owns and operates a logging railroad, upon which…
2Cases cited1 opinion
- Hunter v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1916
3Cited by5 opinions
- Haid v. LoderstedtNew Jersey Superior Court Appellate Division · 1957
- Hercules Powder Co. v. HammackMississippi Supreme Court · 1926
- Edward Hines Lumber Co. v. HarrielMississippi Supreme Court · 1934
- Parchman v. Mobile O.R.R. Co.Mississippi Supreme Court · 1926
- Sims v. National Box Co.Mississippi Supreme Court · 1922