Mississippi Central Railroad v. Bennett
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit by A. H. Bennett against the Mississippi Central Bailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The fact being established, we direct the court’s attention to the law applying in such case. For the convenience of the court, we submit excerpts from some of the authorities.
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Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit by A. H. Bennett against the Mississippi Central Bailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The fact being established, we direct the court’s attention to the law applying in such case. For the convenience of the court, we submit excerpts from some of the authorities. Labatt states the rule as follows: “The most frequent application of the so-called simple-tools doctrine is found in those cases which hold that the duty of the master…
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment awarding appellee damages for an injury sustained by him while in appellant’s employ, by reason of its failure to exercise reasonable care to furnish him with reasonably safe tools with which to work.
Appellee was an experienced blacksmith, working as such for appellant in its repair shop at Hattiesburg. About a week prior to the 20th da}** of February, 1914, the anvil furnished him by appellant with which to work broke, and upon his calling the attention of appellant’s master mechanic and shop foreman thereto they decided to have it repaired and returned to…
2Cases cited1 opinion
- Hope v. Natchez, Columbia & Mobile RailroadMississippi Supreme Court · 1910
3Cited by7 opinions
- Odom v. WalkerMississippi Supreme Court · 1943
- Gulfport Creosoting Co. v. WhiteMississippi Supreme Court · 1934
- Mobile O.R. Co. v. ClayMississippi Supreme Court · 1930
- Mitchell v. BrooksMississippi Supreme Court · 1933
- Eagle Cotton Oil Co. v. SollieMississippi Supreme Court · 1939
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