Illinois Central Railroad v. Cathey
Mississippi Supreme Court
From the circuit court of Lafayette county. Hon. James T. Fant, Judge. Action of damages by P. F. Cathey, administrator of the estate of his deceased minor son, J. W. Cathey, against the Illinois Central Railroad Company. ■ The declaration' alleges that the “ said defendant, while operating its freight-cars by the powerful and dangerous agency of steam, within the limits of the city of Canton, Mississippi, a city duly incorporated, wilfully and recklessly, with gross and…
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From the circuit court of Lafayette county. Hon. James T. Fant, Judge. Action of damages by P. F. Cathey, administrator of the estate of his deceased minor son, J. W. Cathey, against the Illinois Central Railroad Company. ■ The declaration' alleges that the “ said defendant, while operating its freight-cars by the powerful and dangerous agency of steam, within the limits of the city of Canton, Mississippi, a city duly incorporated, wilfully and recklessly, with gross and wanton negligence, ran its cars over and killed said J. W. Cathey.” There was no other allegation as to negligence. The…
1Opinion of the CourtCampbell, C. J.
The recovery in this ease was for an injury suffered before the constitution of 1890, and the law then in force governs. By it, the defendant prima facie was not liable to its employe for an injury suffered in the service for which he was employed. The gist of the action is negligence of the employer, by failure in duty to the employe, and that the injury resulted from this negligence. It is not enough that negligence of the employer and injury to the employe co-existed, but the injury must have been caused by the negligence; and the fact that injury to an employe occurred after the…
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- Kress v. MarklineMississippi Supreme Court · 1917
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