Sutherland v. Buckeye Cotton Oil Co.
District Court, S.D. Mississippi
At Law. Action by W. P. Sutherland against the Buckeye Cotton Oil Company. On motion to dismiss the declaration, or require plaintiff to elect upon the cause of action he will rely.
1Opinion of the Court
HOLMES, District Judge.
The plaintiff seeks damages for personal injuries sustained while employed by the defendant as night foreman in a delinting plant. The declaration alleges that the injury resulted from the negligence of the defendant in leaving exposed cogs and gear of dangerous machinery, and'in failing to instruct and give warning to the plaintiff, an inexperienced workman, of the inherently dangerous character of the duties required of him. The objection of the defendant is that two causes of action are embraced in a single count, and for this reason motion is made by the defendant…
2Cases cited5 opinions
- Yazoo & Mississippi Valley Railroad v. WallaceMississippi Supreme Court · 1907
- Illinois Central Railroad v. AbramsMississippi Supreme Court · 1904
- Matz v. Chicago & A. R.U.S. Circuit Court for the District of Western Missouri · 1898
- Laporte v. CookSupreme Court of Rhode Island · 1897
- Boireau v. Rhode Island Co.U.S. Circuit Court for the District of Rhode Island · 1909
3Cited by2 opinions
- Yates v. DannDistrict Court, D. Delaware · 1951
- Richard G. King v. The California Company, Gulf Refining Company, Placid Oil Company, Texas Pacific Coal & Oil Company, and Sam GrossCourt of Appeals for the Fifth Circuit · 1956