McCraney v. New Orleans & N. E. R.
Mississippi Supreme Court
Appeal from circuit court of Jones county. Hon. R. S. Hall, Circuit Judge. Suit by Fred B. McCraney and others, by their next friend, Mrs. Mamie McCraney, against the New Orleans & Northeastern Railroad Company for damages for the wrongful death of Travis McCraney. From a judgment of dismissal the plaintiffs appeal. The action of the court in sustaining the demurrer of appellee to the replication is assigned as error.
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Appeal from circuit court of Jones county. Hon. R. S. Hall, Circuit Judge. Suit by Fred B. McCraney and others, by their next friend, Mrs. Mamie McCraney, against the New Orleans & Northeastern Railroad Company for damages for the wrongful death of Travis McCraney. From a judgment of dismissal the plaintiffs appeal. The action of the court in sustaining the demurrer of appellee to the replication is assigned as error. It will be noted that this replication avers that the former judgment was not a determination of said suit on the merits; that these plaintiffs were not represented at said…
1Opinion of the CourtEthridge, J.
The appellants through their next friend brought suit against the appellee for the death of their father, Travis McCraney, alleging that he was killed by- the defendant wrongfully on the 29th day of March, 1912; that at the time of his death his age was thirty-nine years, and that by reason of his death through the negligence of the ap-pellee they had been deprived of the support, comfort, help, and companionship of the father, and demanded judgment *254in the sum of three thousand dollars. The defendant pleaded the general issue, and also filed a special plea in the following words:
“And for…
2Cases cited4 opinions
- Christian v. O'NealMississippi Supreme Court · 1872
- Richardson v. BrooksMississippi Supreme Court · 1876
- Plummer v. PlummerMississippi Supreme Court · 1859
- Sudberry v. Meridian Fertilizer FactoryMississippi Supreme Court · 1914
3Cited by11 opinions
- Farmer v. Union Ins. Co. of IndianaMississippi Supreme Court · 1927
- Lee v. CarrollLouisiana Court of Appeal · 1962
- Carr v. MillerMississippi Supreme Court · 1932
- Nichols v. Estate of SaulsMississippi Supreme Court · 1964
- Rowe v. FairMississippi Supreme Court · 1930
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