Ellis v. Bear Creek Mill Co.
Mississippi Supreme Court
Appeal from the circuit court of Green county. HoN. E. W. Heidelbtjrg, Judge. Suit by Jesse Ellis against the Bear Creek Mill Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Green county. HoN. E. W. Heidelbtjrg, Judge. Suit by Jesse Ellis against the Bear Creek Mill Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. As will he easily perceived from an examination of the record, the basis of appellee’s motion for a peremptory instruction and of the action of the court in sustaining the motion is that Box was a fellow-servant of •appellant, Ellis, and that Box was not engaged in the performance of any duty pertaining to the actual loading of the car; that the injury was…
1Opinion of the CourtHoldeN, J.
Appellant Jesse Ellis, sued the appellee, Bear Creek Mill Company a corporation operating a logging railroad by steam agency, for 'personal injuries received while assisting in the loading of one of ap-pellee’s logging cars. After the plaintiff below had introducted all of his evidence the court granted a peremptory instruction to find for the defendant, from which action this appeal is prosecuted here. The facts ■of the case presented by the plaintiff in the court below are substantially as follows:
Appellee, Bear Creek Mill Company, owned and op-orated a sawmill near the town of Leaksville,…
2Cases cited2 opinions
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- Hunter v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1916
3Cited by4 opinions
- New Deemer Mfg. Co. v. AlexanderMississippi Supreme Court · 1920
- Native Lumber Co. v. ElmerMississippi Supreme Court · 1918
- Edward Hines Lumber Co. v. HarrielMississippi Supreme Court · 1934
- J. J. Newman Lumber Co. v. FerrellMississippi Supreme Court · 1922