Legal Opinion

Bradford Construction Co. v. Heflin

Mississippi Supreme Court

Decided April 15, 1906PublishedCited by 23 opinions

From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Heflin, the appellee, was plaintiff in the court below; the construction company, a West Virginia corporation, the appellant, and the Gulf and Ship Island Railroad Company, a Mississippi corporation, were defendants there.

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From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Heflin, the appellee, was plaintiff in the court below; the construction company, a West Virginia corporation, the appellant, and the Gulf and Ship Island Railroad Company, a Mississippi corporation, were defendants there. The judgment of the trial court was against Heflin, the appellee, in favor of the railroad company, but in favor of Heflin against the construction company, and the construction company appealed to the supreme court; but Heflin, the appellee, did not appeal from the judgment acquitting the…

1Opinion of the CourtWhitfield, C. J.

The chief contention in this case is that the construction company was a railroad corporation, within sec. 193 of the constitution, in operating the train in question. The argument, broadly stated, is about this: That sec. 193 of the constitution of 1890 can only be upheld, as not violative of the constitution of the United States, upon the ground that the business of railroad corporations, in operating their trains, is inherently dangerous, and that this inherent danger furnishes the chief basis for distinguishing between the employes of railroad corporations and the employes of other…

2Cases cited27 opinions

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  2. Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
  3. McNulta v. LochridgeSupreme Court of the United States · 1891
  4. Wall v. PlattMassachusetts Supreme Judicial Court · 1897
  5. Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884

22 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Stearns & Culver Lumber Co. v. FowlerSupreme Court of Florida · 1909
  2. Seamer v. Great Northern Railway Co.Supreme Court of Minnesota · 1919
  3. Hawkins v. SmithSupreme Court of Missouri · 1912
  4. Norfolk & Portsmouth Traction Co. v. Ellington's AdministratorSupreme Court of Virginia · 1908
  5. Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907

18 more not listed; retrieve them via the Exa API.

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