Ingram Day Lumber Co. v. Joh
Mississippi Supreme Court
Appear from the circuit court of Harrison county. Hon. J. H. Nevirr, Judge. Suit by Louis Job against the Ingram Day Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The record in this case is lost.
1Opinion of the CourtCook, J.
The right of recovery in this case depends mainly upon the proposition that appellee- was injured by the negligence of an incompetent fellow servant, and that the master retained in its service the incompetent servant after notice of his incompetency. To maintain this contention it was necessary for appellee, plaintiff below, to show (a) that his fellow servant was incompetent; (b) that the master knew, or should have known, that he was incompetent; (c) -that the master failed to discharge the incompetent servant; (d) that appellant was injured because of the negligence of this servant.
Appelle…
2Cited by3 opinions
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