Yazoo & Mississippi Valley Railroad v. Parker
Mississippi Supreme Court
Prom the circuit court of Madison county. ITon. David M. Miller, Judge. Parker, the'appellee, was plaintiff in the court below; the railroad company, the appellant,, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to the supreme court.
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Prom the circuit court of Madison county. ITon. David M. Miller, Judge. Parker, the'appellee, was plaintiff in the court below; the railroad company, the appellant,, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to the supreme court. The declaration charged that the plaintiff, Parker, was a section foreman on the appellant’s line of railroad, and used each day, in the course of his business, a hand car on which he and his crew of workmen rode over the section of defendant’s track on which they worked; that the car which was furnished to plaintiff by defendant…
1Opinion of the CourtTruly, J.
It is perfectly manifest that the exception expressed in sec. 193 of the constitution, which, as to conductors and engineers in charge of dangerous or unsafe engines or cars voluntarily operated by them, still permits their knowledge of the dangerous or defective condition of such cars or engines to be interposed to prevent their recovery for injuries caused thereby, does not apply to other classes of employes. Certainly not to a section, foreman, as was the appellee in the instant case. Buckner v. Railroad, 72 Miss., 878 (18 South. Rep., 449). The exception referred to is applicable solely…
2Cases cited3 opinions
- Buckner v. Richmond & Danville RailroadMississippi Supreme Court · 1895
- Illinois Central Railroad v. GuessMississippi Supreme Court · 1896
- Welsh v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1892
3Cited by5 opinions
- Yazoo & Mississippi Valley Railroad v. WoodruffMississippi Supreme Court · 1910
- Edward Hines Lumber Co. v. HarrielMississippi Supreme Court · 1934
- Gulf & S. I. R. v. DanaMississippi Supreme Court · 1915
- Yazoo & Mississippi Valley Railroad v. ScottMississippi Supreme Court · 1909
- Eastman v. CaldwellMississippi Supreme Court · 1937