Nelson v. New Orleans & N. E. R.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Mississippi. The plaintiff in error sued the defendant in error in the circuit court of Clarke county, Miss., for $10,000 as damages for causing the death of plaintiff’s intestate, Joseph L. Nelson. On the application of the defendant the case was removed to the circuit court of the United States for the Southern district of Mississippi.
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In Error to the Circuit Court of the United States for the Southern District of Mississippi. The plaintiff in error sued the defendant in error in the circuit court of Clarke county, Miss., for $10,000 as damages for causing the death of plaintiff’s intestate, Joseph L. Nelson. On the application of the defendant the case was removed to the circuit court of the United States for the Southern district of Mississippi. In one of its counts the plaintiff’s declaration averred: “That the New Orleans & Northeastern Railroad Company, the defendant, is. and was at the time of the infliction of the…
1Opinion of the CourtShelby, Circuit Judge
At the time the injury was inflicted which caused Kelson’s death he was an employé of the defendant company, and was engaged in making and carrying mortar to build a depot. The injury was caused by other employés in charge of a locomotive and train on defendant’s railroad. It is not necessary to consider the common law relating to fellow servants, because, so far as that question relates to this case, it is controlled by the Mississippi constitution and statute. Section 198 of the constitution of Mississippi of 1890 provides that:
“Every employs of any railroad corporation shall have the same…
2Cases cited9 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hemingway v. Illinois Cent. R.Court of Appeals for the Fifth Circuit · 1902
- Long v. Magnolia Hotel Co.Mississippi Supreme Court · 1956
- Toledo, St. L. & W. R. v. BartleyCourt of Appeals for the Sixth Circuit · 1909
- Tennessee Coal, Iron & Ry. Co. v. CurrierCourt of Appeals for the Fifth Circuit · 1901
- Illinois Cent. R. v. WarrenCourt of Appeals for the Fifth Circuit · 1906
2 more not listed; retrieve them via the Exa API.