Capital City Oil Works v. Black
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. ' Hon. J. B. Chrisman, Judge. Action of damages by appellee against the appellant, an oil'company. Plaintiff was employed as a laborer to shovel cotton-seed, in the yard of appellant, in Jackson, Mississippi. While he was working in the yard with other laborers it became necessary to move a loaded. car from the yard, and to have it coupled to another car which was standing on a sidetrack.
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From the circuit court of the first district of Hinds county. ' Hon. J. B. Chrisman, Judge. Action of damages by appellee against the appellant, an oil'company. Plaintiff was employed as a laborer to shovel cotton-seed, in the yard of appellant, in Jackson, Mississippi. While he was working in the yard with other laborers it became necessary to move a loaded. car from the yard, and to have it coupled to another car which was standing on a sidetrack. The president of the company was present giving directions, and about the time the car started he called to the laborers present, saying, that if…
1Opinion of the CourtCampbell, C. J.
The peremptory instruction asked by the defendant should have been given. A clearer case for such an one is rarely *11presented. On Ms own testimony, the plaintiff was not entitled to recover any thing. His misfortune was the result •of his own stupid carelessness. He knew all and saw all, or might have seen if he used Ms eyes, that was involved in his undertaking to couple the cars, and rightly charged his injury to an accident such as not unfrequeutly befalls those whose business it is to apply brakes. His own contemporary view of the occurrence, as indicated by his acts, suggests his proper…
2Cited by1 opinion
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