Stroo v. Farmer

COX, District Judge.

This is a diversity action under the Mississippi Wrongful Death Statute, Code 1942, § 1453, by the heirs of Johnny Stroo for his accidental death. The Defendant is a citizen of Arkansas. He sold and was delivering by motor truck a large load of baled hay on the private premises of the Owen Brothers Stockyards in Hattiesburg when the decedent was crushed between two trucks in the barn of the stockyard where the hay was to be unloaded. Process was had on the non-resident Defendant by service on the Secretary of State of the State of Mississippi at Jackson. The Defendant has…