Alabama & Vicksburg Railway Co. v. Williams
Mississippi Supreme Court
From the circuit court of Rankin county. PIon. John R. Enochs, Judge. Susan Williams, the appellee, was the plaintiff in the court, below; the railway company, appellant, was defendant there. The suit was for the death of Overn Foreman, who was killed by the cars of the railway company in the city of Vicksburg, February 1, 1899. On the trial of the case in the court below, it appeared in evidence that the deceased was an illegitimate-son of the plaintiff.
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From the circuit court of Rankin county. PIon. John R. Enochs, Judge. Susan Williams, the appellee, was the plaintiff in the court, below; the railway company, appellant, was defendant there. The suit was for the death of Overn Foreman, who was killed by the cars of the railway company in the city of Vicksburg, February 1, 1899. On the trial of the case in the court below, it appeared in evidence that the deceased was an illegitimate-son of the plaintiff. The defendant asked a peremptory instruction in its favor, which the court below refused to give. The trial resulted in a verdict and…
1Opinion of the CourtCalhoon, J.
There is no reason for overruling the case of Illinois, etc., R. R. Co. v. Johnson, 77 Miss., 727, s.c. 28 So. Rep., 753, and the conclusion reached in that case should be the same in this. At the common law an illegitimate could not inherit from his own mother or any one else, and he could not transmit by inheritance, except to the heirs of his own body. He might become the propositics of a new line of descent from himself, but, until a child was born to him in wedlock, he had no kindred — no father, no mother, no sister, no brother — and nothing which he did not acquire. All kinship was…
2Cases cited8 opinions
- Blough v. ParryIndiana Supreme Court · 1896
- McDonald v. Pittsburgh, Cincinnati, Chicago & St. Louis R'y Co.Indiana Supreme Court · 1896
- Marshall v. Wabash RailroadSupreme Court of Missouri · 1894
- Edwards v. GauldingMississippi Supreme Court · 1859
- Good v. TownsSupreme Court of Vermont · 1883
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3Cited by9 opinions
- Akers v. Estate of JohnsonMississippi Supreme Court · 1970
- Robinson v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1903
- L. T. Dickason Coal Co. v. LiddilIndiana Court of Appeals · 1911
- Peerless Pacific Co. v. BurckhardWashington Supreme Court · 1916
- Cheeks v. Fidelity & Casualty Co. of New YorkLouisiana Court of Appeal · 1956
4 more not listed; retrieve them via the Exa API.