Shaw v. Laurel Oil & Fertilizer Co.
Mississippi Supreme Court
From the circuit court of, second district, Jones county. Hon. Bobert L. Bullard, Judge. Walter Shaw, an infant, suing by his father as next friend, appellant, was plaintiff in the court below, and the Laurel Oil & Fertilizer Company, appellee, was defendant there. From a judgment in favor of the defendant the plaintiff appealed to the supreme court. In 1905 the plaintiff sued defendant company to recover for ' injuries received while an employe of defendant.
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From the circuit court of, second district, Jones county. Hon. Bobert L. Bullard, Judge. Walter Shaw, an infant, suing by his father as next friend, appellant, was plaintiff in the court below, and the Laurel Oil & Fertilizer Company, appellee, was defendant there. From a judgment in favor of the defendant the plaintiff appealed to the supreme court. In 1905 the plaintiff sued defendant company to recover for ' injuries received while an employe of defendant. To this declaration the defendant demurred because the declaration showed that the injury was in part sustained through plaintiff’s own…
1Opinion of the Court
Mayes, <7.,
delivered the opinion of the court.
The ease stated in the second declaration, filed in September,. 1906, is practically the same cause of action .as that stated in the one filed to the February term, 1905. To the declaration first filed, defendant interposed a demurrer reaching the merits of the' case. The demurrer was confessed by appellant, and thirty days’ leave given after the adjournment of court to 'file an amended declaration. When the demurrer was sustained to the first declaration, and at the same term in 1905, there was q motion to require the plaintiff to give security…
2Cases cited3 opinions
- Jacobs v. New York Life InsuranceMississippi Supreme Court · 1893
- Straw v. Illinois Central RailroadMississippi Supreme Court · 1895
- Weathersby v. Pearl River Lumber Co.Mississippi Supreme Court · 1906
3Cited by1 opinion
- Moore v. EvansMississippi Supreme Court · 1910