International Shipbuilding Co. v. Carter
Mississippi Supreme Court
Appeal from the circuit court of Jackson county. Hon. J. H. Neville, Judge. Suit by S. H. Carter against the International Shipbuilding Company. Prom a judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion of the court. We submit that appellee could not declare upon one theory or ground of action, and recover upon another. He must recover if at all upon the theory or ground of action relied upon in Ms declaration.
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Appeal from the circuit court of Jackson county. Hon. J. H. Neville, Judge. Suit by S. H. Carter against the International Shipbuilding Company. Prom a judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion of the court. We submit that appellee could not declare upon one theory or ground of action, and recover upon another. He must recover if at all upon the theory or ground of action relied upon in Ms declaration. To permit Mm to do otlienvise would be contrary to law, and would be grossly unfair to appellant. Richards v. City Lumber Company, 57 So. 97. There…
1Opinion of the CourtCook, P. J.
Not being up in nautical terms and having never seen the hold of a ship, the writer avails himself of the brief of counsel for a statement of the facts, which statement has been verified from the record:
“In January, 1918,' appellant was operating a shipbuilding plant in Jackson county, Miss., and there had in progress of construction several large wooden seagoing vessels. In the partially built hull of one of these vessels appellee was employed by appellant to work in the construction ás a member of a crew of laborers aiding the regular ship carpenters. The crew of which appellee was a member…
2Cases cited2 opinions
- Miller v. Moran Bros.Washington Supreme Court · 1905
- New Orleans & Northeastern Railroad v. WilliamsMississippi Supreme Court · 1909
3Cited by4 opinions
- United Roofing and Siding Company v. SeefeldMississippi Supreme Court · 1969
- Gow Co., Inc. v. HunterMississippi Supreme Court · 1936
- Craig v. CraigMississippi Supreme Court · 1942
- Yazoo M.V.R. Co. v. SmithMississippi Supreme Court · 1928