Lockman v. Alabama & V. Ry. Co.
Mississippi Supreme Court
Appeal from the circuit court of Rankin county. Hon. J. D. Carr, Judge. Suit by Philip Lockman, against the Alabama & Vicksburg Railway Company. From a judgment on a peremptory instruction for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Rankin county. Hon. J. D. Carr, Judge. Suit by Philip Lockman, against the Alabama & Vicksburg Railway Company. From a judgment on a peremptory instruction for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The learned counsel for appellee with his usual candor practically admits that the evidence in this case makes out a prima-facie case of negligence, but he seeks to avoid liability on the ground that the negligence shown was that of a fellow servant. To this we reply. The- Acts of 1908, chapter 194, which reads as…
1Opinion of the CourtSmith, C. J.
Appellant instituted this suit to recover damages for an injury alleged to have'been sustained by him while employed by appellee, because of the negligence of a fellow servant. At -the close of the evidence a motion to exclude was sustained, and the jury instructed to find for appellee, and there was a verdict and judgment accordingly. According to this evidence, appellant, with the assistance of a number of fellow servants, was engaged in loading iron rails upon one of appellant’s cars. These rails were being taken from an abandoned track, running from appellee’s road to a quarry several…
2Cases cited2 opinions
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- Hunter v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1916
3Cited by1 opinion
- J. J. Newman Lumber Co. v. FerrellMississippi Supreme Court · 1922