Kent v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
FROM the circuit court, second district, of Coahoma county. Hon. F. A. Montgomery, Judge. The opinion states the case. Appellant offered- to prove by the witness, Palmer, an expert and practical railroad section foreman, that the tool furnished appellant was dangerous; that it was not a modern or approved tool; that there was a modern and safe tool now used for this purpose, a saw; that witness, while in the service of this company, called their attention to this dangerous…
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FROM the circuit court, second district, of Coahoma county. Hon. F. A. Montgomery, Judge. The opinion states the case. Appellant offered- to prove by the witness, Palmer, an expert and practical railroad section foreman, that the tool furnished appellant was dangerous; that it was not a modern or approved tool; that there was a modern and safe tool now used for this purpose, a saw; that witness, while in the service of this company, called their attention to this dangerous tool, and endeavored to induce them to adopt the saw which was efficient and safe; that the company refused to adopt the…
1Opinion of the CourtTeeeal, J.
Kent, the plaintiff, a section, foreman of tire defendant company, was furnished by the company with a cold chisel for cutting steel rails when necessary, and while some laborers were engaged in that work under his supervision, a fragment of the chisal wras shivered from it, wdrich hit the plaintiff in the eye, and after great pain and suffering by him caused its loss.
The chisel was made by a reputable foundry, and was 'furnished to the plaintiff by the supervisor of the railroad company, who, upon inspection of it before sending it out, considered it good and sound; the plaintiff, of many…
2Cases cited2 opinions
- Richmond & Danville Railroad v. ElliottSupreme Court of the United States · 1893
- Indianapolis, Bloomington & Western Railway Co. v. ToyIllinois Supreme Court · 1878
3Cited by8 opinions
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- Daniel v. Jackson InfirmaryMississippi Supreme Court · 1935
- Lively v. American Zinc Co.Tennessee Supreme Court · 1916
- Mobile O.R. Co. v. ClayMississippi Supreme Court · 1930
- Jefferson v. Denkmann Lumber Co.Mississippi Supreme Court · 1933
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