McMaster v. Illinois Central Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. This is an action for damages against the Illinois Central Railroad Company, brought by Mrs. Kate McMaster for the killing Of her son, Stephen J. Redding.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. This is an action for damages against the Illinois Central Railroad Company, brought by Mrs. Kate McMaster for the killing Of her son, Stephen J. Redding. The declaration sets out that Redding was, on November 18, 1886, employed as a brake-man on one of defendants’ freight trains; that this train on that day was going northward; that Redding was on the train when it left Manchac; that when the train reached the nest station, Ponchatoula, both stations being in the State of Louisiana, it was discovered by the conductor…
1Opinion of the CourtArnold, J.
If a brakemah on one train of a railroad company is the fellow servant of the employees in charge of, or operating another train of the same company, on the same road, the declaration was demurrable.
There is some diversity of authority as to who are fellow servants, within the meaning of the rule which exempts the master or employer |rom liability to those engaged in his employment, for injuries suffered by them, as the result of the negli*268gence or misconduct of other servants employed by him and , engaged in the same common business ; but subjection to control and direction b3^ the same…
2Cases cited5 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Chicago, St. Louis & New Orleans Railroad v. DoyleMississippi Supreme Court · 1883
- N. O., J. & G. N. R. R. Co. v. HughesMississippi Supreme Court · 1873
3Cited by8 opinions
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Williams v. Pope Manufacturing Co.Supreme Court of Louisiana · 1900
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- Atchison & Eastern Bridge Co. v. MillerSupreme Court of Kansas · 1905
- Southern Pacific Transp. Co. v. FoxMississippi Supreme Court · 1992
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