Short v. New Orleans & North-eastern Railroad
Mississippi Supreme Court
From the circuit court of Clarke county. Hon. S. H. Terral, Judge. Action by appellant against appellee for the alleged wrongful and negligent killing of plaintiff's son, aged nineteen years and four months, on the first day of May, 1891. Deceased was engaged as a brakeman on a freight-train, of which his brother was conductor. He was employed by the yardmaster of defendant at Meridian, who knew that he was a minor.
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From the circuit court of Clarke county. Hon. S. H. Terral, Judge. Action by appellant against appellee for the alleged wrongful and negligent killing of plaintiff's son, aged nineteen years and four months, on the first day of May, 1891. Deceased was engaged as a brakeman on a freight-train, of which his brother was conductor. He was employed by the yardmaster of defendant at Meridian, who knew that he was a minor. No one saw the killing, and the circumstances of it were not known. Shortly before it occurred, deceased was in the rear car or caboose of the running train, and his brother, the…
1Opinion of the CourtCampbell, C. J.
Under the law, as settled before the constitution of 1890, the plaintiff had no case. He failed to make out a case under §193 of that constitution, because he did not produce any evidence that the injury complained of resulted from the negligence of a superior agent or officer, or person having the right to control or direct the services of the party injured,' *851or a fellow-servant engaged in another department of labor, etc. Indeed, there is an utter want of evidence of any negligence by anybody.
The deceased was killed, and no one knows how. That is not enough to subject the railroad company…
2Cases cited2 opinions
- N. O., J. & G. N. R. R. Co. v. HughesMississippi Supreme Court · 1873
- Dowell v. Vicksburg & Meridian R. R.Mississippi Supreme Court · 1884
3Cited by4 opinions
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Southern Pac. Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1895
- National Biscuit Co. v. WilsonIndiana Supreme Court · 1907
- Dr. Pepper Bottling Co. v. GordyMississippi Supreme Court · 1935