Legal Opinion

Hamel v. Southern Ry. Co.

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 13 opinions

Appeal from the circuit court of Sunflower county. HoN. H. P. Farish, Special Judge. Suit by Myrtle Hamel against the Southern, Railway Company in Mississippe. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. . The court erred in permitting Dr. S. T. Rucker to testify.

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Appeal from the circuit court of Sunflower county. HoN. H. P. Farish, Special Judge. Suit by Myrtle Hamel against the Southern, Railway Company in Mississippe. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. . The court erred in permitting Dr. S. T. Rucker to testify. This physician’s testimony came within the privilege-of Section 3695 of our Code, as a privileged communication, not to he disclosed without the consent of patient or his represenatives. It is contended that this privilege was waived because at the trial of the former…

1Opinion of the CourtHoldeN, J.

This is a suit by Mrs. Myrtle Hamel, appellant, against the appellee, Southern Railway Company, to recover damages for the death of her husband, James B. Hamel, alleged to have resulted from injuries inflicted by the running of the cars of appellee railroad; and from a jury verdict and judgment in favor of the railroad company she appeals here. The case before us now is an action to recover damages only for the death of Mr. Hamel; a judgment for the injuries inflicted up to the date of his death having been obtained, and settled, in a suit filed by the appellant against the appellee prior to…

2Cases cited11 opinions

  1. Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
  2. Tidwell v. StateSupreme Court of Alabama · 1881
  3. Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
  4. Lapleine v. Morgan's Louisiana & Texas RailroadSupreme Court of Louisiana · 1888
  5. Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911

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3Cited by13 opinions

  1. United States Fidelity & Guaranty Co. v. HoodMississippi Supreme Court · 1920
  2. Larrissey v. Norwalk Truck Lines, Inc.Ohio Supreme Court · 1951
  3. Berryhill v. NicholsMississippi Supreme Court · 1935
  4. Hindmarsh v. Sulpho Saline Bath Co.Nebraska Supreme Court · 1922
  5. Sanders Et Ux. v. SmithMississippi Supreme Court · 1946

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