Illinois Central Railroad v. Pendergrass
Mississippi Supreme Court
Prom the circuit court of the first district of Yalobusha county. Hon. James T. Pant, Judge. The appellee, M, A. Pendergrass, administratrix of the estate of P. W. Henderson, sued the Illinois Central Railroad Company for injuries to the said Henderson resulting in his death.
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Prom the circuit court of the first district of Yalobusha county. Hon. James T. Pant, Judge. The appellee, M, A. Pendergrass, administratrix of the estate of P. W. Henderson, sued the Illinois Central Railroad Company for injuries to the said Henderson resulting in his death. The declaration alleges that the said P. W. Henderson was run over by a train of the defendant, in the town of Coffee-ville, about twelve o’clock at night, June 2, 1888; that the train was running through said town at the unlawful rate of thirty miles an hour; and, by the reckless, wilful and wanton negligence of the…
1Opinion of the CourtWoods, J.
This was not an action brought by the kindred of a deceased person for damages occasioned by injuries resulting in *430death, under § 1510, code of 1880. It is an action brought by the personal representative — the administratrix — for the recovery of such damages as the intestate might have sued for and recovered if he had survived the injuries complained of, and is founded on §§ 2078 and 2079 of our code. The former declares that, “ executors, administrators and collectors shall have full power and authority to commence and prosecute any personal action whatever, at law or in equity, which the…
2Cases cited3 opinions
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Riley v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by14 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Belzoni Hardwood Co. v. CinquimaniMississippi Supreme Court · 1924
- Cumberland Telephone & Telegraph Co. v. AndersonMississippi Supreme Court · 1906
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