Legal Opinion

English v. New Orleans & North Eastern R. R.

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 12 opinions

Appeal from the circuit court of Lauderdale county. Hon. Jno. L. Buckley, Judge. Suit by W. H. English against the New Orleans & North Eastern Eailroad Co. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Questions involved. 1. What law governs the alleged contract. (a) The law of Louisiana, or (b) The law of Mississippi. 2. Was it oral or written contract sued on.

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Appeal from the circuit court of Lauderdale county. Hon. Jno. L. Buckley, Judge. Suit by W. H. English against the New Orleans & North Eastern Eailroad Co. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Questions involved. 1. What law governs the alleged contract. (a) The law of Louisiana, or (b) The law of Mississippi. 2. Was it oral or written contract sued on. (b) Is the oral agreement merged into the written release. (c) If merged, is oral evidence as to different consideration inadmissible. 1. Under Mississippi law. 2. Under…

1Opinion of the CourtSmith, J.

This was a suit for damages for an alleged breach by appellees of an alleged contract to give appellant employment on appellees’ roads. There was a verdict and judgment for appellees, from which this appeal is taken..

In July, 1907, appellant was employed by appellees as engineer on a- switch engine, and, while operating his engine in appellees’ yards at Meridian, was injured by reason of the negligence of other employees of appellees. On August 4, 1908, appellant and the president of appellee corporations met in the city of New Orleans, agreed upon a settlement of appellant’s claim fox…

2Cases cited3 opinions

  1. Baum v. LynnMississippi Supreme Court · 1895
  2. Thompson v. BryantMississippi Supreme Court · 1897
  3. Cocke v. BlackbournMississippi Supreme Court · 1880

3Cited by12 opinions

  1. Florida Moss Products Co. v. City of LeesburgSupreme Court of Florida · 1927
  2. Alabama & V. Ry. Co. v. KroppMississippi Supreme Court · 1922
  3. Allen v. AllenMississippi Supreme Court · 1936
  4. Garner v. GarnerMississippi Supreme Court · 1918
  5. St. Paul Mercury & Indemnity Co. v. RitchieMississippi Supreme Court · 1940

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