Yazoo & Mississippi Valley Railroad v. Washington
Mississippi Supreme Court
Erom the circuit court o-f Wilkinson county. Hon. Moyse H. Wilkinson, Judge. Elijah J. Washington, administrator of the estate of William Washington, deceased, and the widow and infant children of the decedent, appellees, were plaintiffs in the court below; and the railroad company, appellant, defendant there. Erom a judgment in plaintiffs favor, defendant appealed to the supreme court.
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Erom the circuit court o-f Wilkinson county. Hon. Moyse H. Wilkinson, Judge. Elijah J. Washington, administrator of the estate of William Washington, deceased, and the widow and infant children of the decedent, appellees, were plaintiffs in the court below; and the railroad company, appellant, defendant there. Erom a judgment in plaintiffs favor, defendant appealed to the supreme court. The suit was predicated of section 193, of the state constitution, 1890, and was for the alleged wrongful death of William Washington, an employe of the railroad company, caused by the negligent act or…
1Opinion of the CourtWhitfield, C. J.
The only observation which we care to make, in this case is that the cáse of Railroad Co. v. Hunter, 70 Miss., 471, 12 South., 482, was practically overruled in the Bussey case, 79 Miss., 609, 31 South., 212; but, in order that there may be no *140further misunderstanding about it, we here and now expressly overrule the case of Railroad Co. v. Hunter, 70 Miss., 471, 12 South., 482.
The phrase “legal or personal representatives,” in section 193 of the constitution, embraced not only the executor or administrator, but the heirs or next of kin, as the case might be. It was perfectly idle to have put…
2Cases cited2 opinions
- Illinois Central Railroad v. HunterMississippi Supreme Court · 1892
- Bussey v. Gulf & Ship Island RailroadMississippi Supreme Court · 1901
3Cited by8 opinions
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Hill v. JamesMississippi Supreme Court · 1965
- Ivy v. Illinois Cent. Gulf R. Co.Mississippi Supreme Court · 1987
- Sealy v. GoddardMississippi Supreme Court · 2005
- Laird v. BetheaMississippi Supreme Court · 1952
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