Allen v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From tbe circuit court of Leflore county. Hon. A. McO. Kimbrougi-i, Judge. Allen, tbe appellant, ivas plaintiff in tbe court below; tbe' railroad company, tbe appellee, was defendant there. From a final judgment for tbe defendant, sustaining a demurrer to an amended declaration and dismissing tbe suit, tbe plaintiff appealed to the supreme court. Tbe opinion of tbe court states the case.
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From tbe circuit court of Leflore county. Hon. A. McO. Kimbrougi-i, Judge. Allen, tbe appellant, ivas plaintiff in tbe court below; tbe' railroad company, tbe appellee, was defendant there. From a final judgment for tbe defendant, sustaining a demurrer to an amended declaration and dismissing tbe suit, tbe plaintiff appealed to the supreme court. Tbe opinion of tbe court states the case. Tbe fact that tbe servant at tbe time lie was injured was complying with a direct, specific personal order of bis master or his master’s representative, has, it is well settled, a material bearing upon tbe…
1Opinion of the CourtMayes, J.
There was an original declaration filed in this case, and a demurrer filed thereto, which was sustained by the court. Afterwards an amended declaration was filed, which alleged in substance that Clarence Allen was a section hand, working on the Yazoo & Mississippi Valley Railroad; that he was under the control and orders of one Parker, an employe of the com-' pany acting in the capacity as foreman of the section gang, with the right to employ and discharge hands and perform such other duties as devolved upon a foreman; that these section hands under the direction of Parker kept the roadbed in…
2Cases cited4 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Bell v. Southern Railway Co.Mississippi Supreme Court · 1905
- Briggs v. DavisMassachusetts Supreme Judicial Court · 1871
- Britton v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
3Cited by4 opinions
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- McCoy v. StateMississippi Supreme Court · 1907
- Stevens v. LockeMississippi Supreme Court · 1930
- Hester v. StateMississippi Supreme Court · 1926