Wheeler v. Southern Railway Co.
Mississippi Supreme Court
Appeal from the circuit court of Tishomingo county. Hon. Claude Clayton, Judge. Suit by Dr. J. S. Wheeler, administrator, against the Southern Railway Company. From a judgment for defendant, plaintiff appeals. 1 The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Tishomingo county. Hon. Claude Clayton, Judge. Suit by Dr. J. S. Wheeler, administrator, against the Southern Railway Company. From a judgment for defendant, plaintiff appeals. 1 The facts are fully stated in the opinion of the court. Counsel’s brief refers to two Tennessee statutes, and in doing so, calls attention to the very death knell of their own contentions as to the rights of a mother, through an administrator, to maintain a suit for the negligent killing of a bastard child. Sections 4025-6-7-8-9 of Shannon’s Code of Tennessee gives (we quote the…
1Opinion of the CourtHolden, J.
This case is appealed from the circuit court of Tishomingo county, where the appellant, Dr. J. S. Wheeler, administrator of the estate1 of Fred Thomas, deceased, filed his declaration against the appellee, Southern Railway Company, claiming damages for the death of Freddie Thomas, caused by one of appellee’s trains, about two miles east- of Rossville, Tenn. The deceased, Freddie Thomas, was a bastard, about sixteen years of age, and the suit was filed by the administrator for the benefit •of the mother of this bastard son. The testimony in the case shows that one night in October, 1912,…
2Cases cited7 opinions
- Marshall v. Wabash RailroadSupreme Court of Missouri · 1894
- L. T. Dickason Coal Co. v. LiddilIndiana Court of Appeals · 1911
- Illinois Central Railroad v. JohnsonMississippi Supreme Court · 1900
- Alabama & Vicksburg Railway Co. v. WilliamsMississippi Supreme Court · 1900
- Warren v. EnglehartNebraska Supreme Court · 1882
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3Cited by2 opinions
- Southern Ry. Co. v. CarltonSupreme Court of Alabama · 1928
- Goldmyer v. Van BibberWashington Supreme Court · 1924