Schaffer v. Deemer Manufacturing Co.
Mississippi Supreme Court
Appeal from, the circuit court of Neshoba county. Hon. C. J. Dobbs, Judge. . Suit by Eddie Schaffer by his next friend, Moses Schaffer, against the Deemer Manufacturing Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We submit to the court that taking this entire record and the circumstances of this boy’s injuries into consideration it is a case warranting the invoking of the doctrine of res ipsa loquitur.
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Appeal from, the circuit court of Neshoba county. Hon. C. J. Dobbs, Judge. . Suit by Eddie Schaffer by his next friend, Moses Schaffer, against the Deemer Manufacturing Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We submit to the court that taking this entire record and the circumstances of this boy’s injuries into consideration it is a case warranting the invoking of the doctrine of res ipsa loquitur. M. J. K. G. R. R. Co. v. Mary Hicks et al., 91 Miss. 273; A. & V. R. R. Go. v. Groome, 97 Miss. 201. We submit that the…
1Opinion of the CourtSmith, C. J.
This suit was filed in the court below to recover of the Deemer Manufacturing Company, a corporation engaged in the sawmill business, damages for injuries alleged to have been sustained by the plaintiff while in the employ of the defendant, by reason of the negligence of one of its servants. The plaintiff, on the occasion in question, was assisting in loading logs upon one of the defendants’ logging trains, and while so engaged a tree, cut by some one near where the plaintiff was standing, fell on him and broke his leg. At the close of the plaintiff’s evidence the court, on motion of the…
2Cases cited8 opinions
- Bee Building Co. v. DaltonNebraska Supreme Court · 1903
- Vertrees' Adm'r v. Newport News, Co.Court of Appeals of Kentucky · 1894
- Chicago, M. & St. P. Ry. Co. v. MetalstaffCourt of Appeals for the Eighth Circuit · 1900
- Hairston v. MontgomeryMississippi Supreme Court · 1912
- Washburn v. AllenSupreme Judicial Court of Maine · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gulf & Ship Island Railroad v. WilliamsMississippi Supreme Court · 1915
- Williams v. WhitfieldMississippi Supreme Court · 1964
- People's Bank in Liquidation v. PenningtonMississippi Supreme Court · 1925
- Edwards v. Yazoo & M. V. R.Mississippi Supreme Court · 1916
- Hattiesburg Butane Gas Company v. GriffinMississippi Supreme Court · 1968
7 more not listed; retrieve them via the Exa API.