Alabama & Vicksburg Ry. Co. v. Davis
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Ciirisman, Judge. Appellee, a young lady living in the village of Bolton, had promised, if sent for, to attend services at a country church, and assist with the music. The promise was made to a Mrs. McAlpin, and on Saturday Tom McAlpin, her son, who was an acquaintance of appellee, notified her that he would come for her the next morning.
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From the circuit court of the first district of Hinds county. Hon. J. B. Ciirisman, Judge. Appellee, a young lady living in the village of Bolton, had promised, if sent for, to attend services at a country church, and assist with the music. The promise was made to a Mrs. McAlpin, and on Saturday Tom McAlpin, her son, who was an acquaintance of appellee, notified her that he would come for her the next morning. He was a young man, about nineteen year's old, and accustomed to drive. According to promise, he drove into Bolton for appellee, having procured his mother’s buggy and a horse belonging…
1Opinion of the Court
Woods, J.,
delivered tlie opinion of the court.
From all the evidence in the record before us, it is certain that McAlpin was guilty of contributory negligence, and, from the same evidence, the negligence of appellant is also indisputable.
By imputation, was McAlpin’s negligence a bar to appellee’s recovery? Was McAlpin the servant of appellee? Did the relation of master and servant, or principal and agent, subsist between them ?
The appellee was, by invitation, being transported in a private conveyance on the occasion of the injury complained of. She was being driven in this private conveyance…
2Cited by15 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Columbus Greenville R. Co. v. LeeMississippi Supreme Court · 1928
- Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
- Hines v. McCullersMississippi Supreme Court · 1920
- Commercial Credit Co. v. SpenceMississippi Supreme Court · 1938
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