Kneale v. Dukate
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Kneale, appellant, was plaintiff in the court below; Dukate and others, appellees, partners doing business under the co-partnership name, Lopez & Dukate, were defendants there. From a judgment in defendants’ favor the plaintiff appealed to the supreme court. The suit was for damages resulting from injuries sustained by plaintiff while employed in defendants’ factory.
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From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Kneale, appellant, was plaintiff in the court below; Dukate and others, appellees, partners doing business under the co-partnership name, Lopez & Dukate, were defendants there. From a judgment in defendants’ favor the plaintiff appealed to the supreme court. The suit was for damages resulting from injuries sustained by plaintiff while employed in defendants’ factory. The plaintiff was a ship carpenter in the employ of defendants who operated a canning factory, and built boats for their own use. On the day of the accident…
1Opinion of the CourtWhitfield, C. J.
There is a fatal error running throughout the instructions for the defendants, to the effect that, unless the defendants had actual knowledge of the dangerous condition of the premises, the jury should find for the defendants. This is not the law. If the defendants knew, or by the exercise of reasonable diligence ought to have known, in either case the plaintiff would be entitled to recover so far as this proposition is concerned. This error appears in the third, fourth, sixth, seventh, tenth, and thirteenth instructions given for the defendants. Appearing in all these ’instructions in the…
2Cited by5 opinions
- Belk v. RosamondMississippi Supreme Court · 1952
- Finkbine Lumber Co. v. CunninghamMississippi Supreme Court · 1911
- Odom v. WalkerMississippi Supreme Court · 1943
- Hope v. Natchez, Columbia & Mobile RailroadMississippi Supreme Court · 1910
- Williams v. City of GulfportMississippi Supreme Court · 1932