Lampton v. Atkins
Mississippi Supreme Court
Appeal from circuit court of Tishomingo county. Hon. C. P. Long, Judge. Action by C. C. Atkins against the Tishomingo Gravel Company, revived against Thad B. Lampton, receiver. Prom judgment for plaintiff, defendant appeals.
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Appeal from circuit court of Tishomingo county. Hon. C. P. Long, Judge. Action by C. C. Atkins against the Tishomingo Gravel Company, revived against Thad B. Lampton, receiver. Prom judgment for plaintiff, defendant appeals. To the court’s first inquiry as to the application to the case at bar or the decision in Hope v. Natchez, etc., Railroad Company, et al., 98 Miss. 823; s. c., 54 So. 369, we answer, the decision is, we feel assured, controlling, if it is not to be reversed. We cannot think it should be reversed because it is well supported by authority and its reasoning is sound. The last…
1Opinion of the CourtSmith, C. J.
The appellee sued the Tishomingo Gravel Company in the court below for damages for an injury received by him while employed by that company, and because, as he alleges, of the company’s negligence. While the suit was pending-in the court below Lampton was appointed receiver of the Gravel Company and the suit was revived against him as such.
The appellee’s duty Avas to dig holes in the company’s gravel pit, and when they were of sufficient depth to dig-other holes at the bottom of, and at right angles therewith, in Avhich he Avould place and explode dynamite by means of a fuse, and the…
2Cases cited2 opinions
- Hope v. Natchez, Columbia & Mobile RailroadMississippi Supreme Court · 1910
- Mississippi Central Railroad v. BennettMississippi Supreme Court · 1916
3Cited by3 opinions
- Gulfport Creosoting Co. v. WhiteMississippi Supreme Court · 1934
- Mobile O.R. Co. v. ClayMississippi Supreme Court · 1930
- Hercules Powder Co. v. CalcoteMississippi Supreme Court · 1932