Evans v. Louisville, New Orleans & Texas Railway Co.
Mississippi Supreme Court
Erom the circuit court of Warren county. IIon. John H. Gilland, Judge. Action by Henry Evans against the Louisville,' New Orleans & Texas Railway Company to recover damages for personal injuries. The court sustained defendant’s motion to exclude plaintiff’s testimony, and, from a judgment for defendant, plaintiff appeals. The case is stated in the opinion.
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Erom the circuit court of Warren county. IIon. John H. Gilland, Judge. Action by Henry Evans against the Louisville,' New Orleans & Texas Railway Company to recover damages for personal injuries. The court sustained defendant’s motion to exclude plaintiff’s testimony, and, from a judgment for defendant, plaintiff appeals. The case is stated in the opinion. That part of § 193, constitution 1890, involved on this appeal, is as follows : “ Every employe of any railroad corporation shall have the same rights and remedies for any injury suffered by him from the act or omission of said corporation…
1Opinion of the CourtCampbell, C. J.
The question presented is, has the plaintiff a right to recover for the injury sustained because of the negligence of-the engineer, by reason of the change made in our law by § 193 of the constitution of 1890 ? The plaintiff' was a brakeman, and was injured by the negligence of the engineer, who had signaled for brakes, and, while they were being applied in pursuance of the signal, caused a movement of the train, *530without proper warning, whereby the plaintiff was hurt. It was not designed by the constitution to abrogate the rule of law applicable to fellow-servants in a common employment, but…
2Cited by4 opinions
- Farquhar v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1900
- Fenwick v. Illinois Cent. R.Court of Appeals for the Fifth Circuit · 1900
- Atlantic Coast Line R. v. FarmerCourt of Appeals for the Fourth Circuit · 1909
- Miller v. Townley Manufacturing Co.Missouri Court of Appeals · 1914