Buckner v. Richmond & Danville Railroad
Mississippi Supreme Court
From the circuit court of Clay county. HoN. C. H. Campbell, Judge. Action by E. A. Buckner, section foreman, to recover for personal injuries sustained while operating a hand-car on the Georgia Pacific Railway, which, at the time of the accident, June 12, 1892, was under the management of the Richmond & Danville Railroad Company, as lessee.
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From the circuit court of Clay county. HoN. C. H. Campbell, Judge. Action by E. A. Buckner, section foreman, to recover for personal injuries sustained while operating a hand-car on the Georgia Pacific Railway, which, at the time of the accident, June 12, 1892, was under the management of the Richmond & Danville Railroad Company, as lessee. Both companies are made defendants, and the declaration alleges that the railroad was being operated by both, by one as the owner and by the other as lessee. It. was, however, conceded in the lower court, and in this court, that, in fact, only the lessee…
1Opinion of the Court
Campbell, Special J.,
delivered the opinion of the court.
The averment of the declaration that the hand-car furnished him by his employer was defective in having a lever that made its operation dangerous to persons on it, and a broken wheel which led to serious consequences,’ and that these defects were the direct and immediate cause of the injury to the plaintiff, of which he complains, makes it sufficient to withstand a demurrer, although the declaration does not negative contributory *878negligence by the plaintiff, the rule in this state being that this defense is to be made by the defendant,…
2Cases cited3 opinions
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Va. Midland Railway Co. v. WashingtonSupreme Court of Virginia · 1890
- Welsh v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1892
3Cited by11 opinions
- Norfolk & Western Railway Co. v. Cheatwood's AdministratrixSupreme Court of Virginia · 1905
- Klotz v. Power & Mining Machinery Co.Wisconsin Supreme Court · 1908
- Illinois Central Railroad v. GuessMississippi Supreme Court · 1896
- Yazoo & Mississippi Valley Railroad v. ParkerMississippi Supreme Court · 1906
- Yazoo & Mississippi Valley Railroad v. WoodruffMississippi Supreme Court · 1910
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