Lagrone v. Mobile & Ohio Railroad
Mississippi Supreme Court
From the circuit court of Noxubee county. Hon. S. H. Terral, Judge. This suit was brought against the Mobile & Ohio Railroad Company by the appellant, W. T. Lagrone, for damages on account of an injury received by him while in the service of the company as a section hand engaged in track repairing.
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From the circuit court of Noxubee county. Hon. S. H. Terral, Judge. This suit was brought against the Mobile & Ohio Railroad Company by the appellant, W. T. Lagrone, for damages on account of an injury received by him while in the service of the company as a section hand engaged in track repairing. The declaration contains three counts, in each of which it is alleged that at the time of the injury plaintiff was working under one Edwards, who was in the employ of the company as section master; that Edwards had full control of the work, and authority to hire and discharge the laborers under…
1Opinion of the CourtWoods, C. J.
The earnestness with which counsel for appellant press for a reversal has led us to give the controlling question involved a thorough re-examination. We find that the determination'of a single proposition will prove conclusive of the whole case, and we shall therefore confine ourselves to that.
On the case presented by appellant’s pleadings, were the section-master and appellant fellow-servants ? If this question is answered affirmatively, there is at once an end to the contention, for it is apparent in each count of the declaration, that the injury complained of resulted from the negligence…
2Cases cited2 opinions
- N. O., J. & G. N. R. R. Co. v. HughesMississippi Supreme Court · 1873
- McClanahan v. BrackMississippi Supreme Court · 1871
3Cited by6 opinions
- Harper v. Pub. Serv. Corp. of Miss.Mississippi Supreme Court · 1934
- Federal Compress Co. v. CraigMississippi Supreme Court · 1942
- Gwin v. CarterMississippi Supreme Court · 1930
- Petroleum Iron Works v. BaileyMississippi Supreme Court · 1920
- Norton v. Standard Oil Co.Mississippi Supreme Court · 1937
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