Yazoo & M. V. R. v. Perkins
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit by E. L. Perkins against the Yazoo & Mississippi Yalley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Defendant’s peremptory instruction should have been given for the further reason that, according to plaintiff’s own showing, he assumed the risk of the scaffold’s condition.
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Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit by E. L. Perkins against the Yazoo & Mississippi Yalley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Defendant’s peremptory instruction should have been given for the further reason that, according to plaintiff’s own showing, he assumed the risk of the scaffold’s condition. For the same reason the court erred in refusing the twenty-fourth and twenty-seventh instructions requested by defendant. Assumption of the risk is not the same as…
1Opinion of the CourtCook, J.
Appellee recovered a judgment against the appellant for two thousand, five hundred dollars for personal injuries caused by an alleged failure to furnish him with a safe place to work, and from this judgment appellant appeals.
The facts, of record, are about these:
At the time of the injury appellee was a carpenter in the employ of appellant — a member of a squad composed of C. M. Carl, foreman, A. R.- Jones, assistant foreman, and three or four other carpenters. This squad was engaged in overhauling and repairing appellant’s depot at Magenta. • The foreman, Mr. Carl, was absent and Mr. Jones…
2Cited by1 opinion
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