Givens v. Southern Railway Co.
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. Sydney Smith, Judge. Givens, the appellant, was plaintiff in the court below and the railroad company, appellee, was defendant there. From a judgment in favor of the defendant plaintiff appealed to the supreme court. Plaintiff, Givens, sued the defendant to recover damages for personal injury alleged to have been caused by defendant’s negligence.
Read the full summary
From the circuit court of Sunflower county. Hon. Sydney Smith, Judge. Givens, the appellant, was plaintiff in the court below and the railroad company, appellee, was defendant there. From a judgment in favor of the defendant plaintiff appealed to the supreme court. Plaintiff, Givens, sued the defendant to recover damages for personal injury alleged to have been caused by defendant’s negligence. Plaintiff, a member of the defendant railway company’s bridge gang, was returning from work on a push car with Shields, the gang boss. The push car was propelled by a lever car in charge of Sims, the…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
The point most seriously pressed upon us by the learned counsel for appellant is that a hand-car is within the principle of section 193 of the Constitution of 1890. The cases of Bal*848lard v. Cotton Oil Mill, 81 Miss. 507, 34 South. 533, 62 L. R. A. 407, 95 Am. St. Rep. 476, Bradford Construction Co. v. Heflin, 88 Miss. 314, 42 South. 174, and Mobile, etc., R. Co. v. Hicks, 91 Miss, 273, 46 South. 360, 124 Am. St. Rep. 679, have settled certain propositions beyond further debate in this state. These propositions are as follows: First. That…
2Cases cited12 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Ballard v. Mississippi Cotton Oil Co.Mississippi Supreme Court · 1902
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
- Norfolk & Portsmouth Traction Co. v. Ellington's AdministratorSupreme Court of Virginia · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- New Deemer Mfg. Co. v. KilpatrickMississippi Supreme Court · 1922
- Gwin v. CarterMississippi Supreme Court · 1930
- Petroleum Iron Works v. BaileyMississippi Supreme Court · 1920
- Norton v. Standard Oil Co.Mississippi Supreme Court · 1937