Hooks v. New Orleans & N. E. R.
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckly, Judge. Suit by J. L. Hooks, administrator of one Hawkins, deceased, against tbe New Orleans North Eastern Bail-road Company. From a directed verdict for defendant, plaintiff appeals. This suit was filed by appellant as plaintiff in the court below against the appellee for damages for the death of one Hawkins, for whose estate appellant had been appointed administrator.
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Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckly, Judge. Suit by J. L. Hooks, administrator of one Hawkins, deceased, against tbe New Orleans North Eastern Bail-road Company. From a directed verdict for defendant, plaintiff appeals. This suit was filed by appellant as plaintiff in the court below against the appellee for damages for the death of one Hawkins, for whose estate appellant had been appointed administrator. Hawkins was an employee of the appellee, and the suit is filed under the Federal Employers’ Liability Act. An interstate shipment of piling had been…
1Opinion of the CourtCook, P. J.
The assignments of error in this case are all based on a mistaken assumption of facts. The deceased was employed to remedy a defectively loaded car — not to unload the car. He knew the conditions and dangers incident to the employment. The negligent loading of the car, if such was the case, was the thing he was engaged in correcting. The negligent loading was not the cause of the injury, hut it was the cause of his employment. He was ordered to readjust the dangerous load and make it safe, and in the performance of this work he was injured. In other words, he undertook to repair the…
2Cited by1 opinion
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