Whitehead v. Newton Oil & Mfg. Co.
Mississippi Supreme Court
Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Suit by Sam Wh.iteb.ead, against the Newton Oil and Manufacturing Company. From a judgment for plaintiff for one hundred and seventy-five dollars he appeals. The facts are fully stated in the opinion of the court.
Read the full summary
Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Suit by Sam Wh.iteb.ead, against the Newton Oil and Manufacturing Company. From a judgment for plaintiff for one hundred and seventy-five dollars he appeals. The facts are fully stated in the opinion of the court. Notwithstanding the erroneous instructions given for the defendant and notwithstanding the incompetent testimony on behalf of defendant the jury by their verdict said that the defendant was liable and assessed his damages at the paltry sum of one hundred and seventy-five dollars. This record shows and it is…
1Opinion of the CourtReed, J.
Sam Whitehead wás employed by the Newton Oil &. Manufacturing Company as a common laborer. He was directed by one in authority to assist a carpenter in the repair of certain beams or braces which supported a mixing apparatus and a tank containing sulphuric acid. There were leaks in the tank through which the acid dripped, and this was known to those in charge of the company’s plant, but was unknown to Sam. It does not appear that he was informed of the leak, or warned of the danger attending the work about the tank. While performing the labor as directed, a drop of the acid fell into his left…
2Cited by6 opinions
- Scottish Union & National Insurance v. Warren Gee Lumber Co.Mississippi Supreme Court · 1918
- Faulkner v. MiddletonMississippi Supreme Court · 1939
- Mississippi Power Co. v. StriblingMississippi Supreme Court · 1941
- Ries v. SandersDistrict Court, N.D. Mississippi · 1964
- Burrill v. RauMississippi Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.