White v. Louisville, New Orleans & Texas Railway Co.
Mississippi Supreme Court
FROM the circuit court of Warren county. HoN. J. I). GillaND, Judge. The facts are stated in the opinion. 1. The right of recovery, in this case, does not rest on our constitution, but on the common law liability of defendant for failure to provide safe machinery and appliances for its employes; and upon the statute giving the parent the right to sue.
Read the full summary
FROM the circuit court of Warren county. HoN. J. I). GillaND, Judge. The facts are stated in the opinion. 1. The right of recovery, in this case, does not rest on our constitution, but on the common law liability of defendant for failure to provide safe machinery and appliances for its employes; and upon the statute giving the parent the right to sue. The liability existed before the constitution, and is independent of it. 2. The death was caused by the defective coupling appliances. The bumpers were broken oil: and the drawhead played loose, because the spring holding it in place had been…
1Opinion of the CourtWhitfield, J.
This is an action brought by appellant, as mother and sole surviving parent, to recover damages for the loss of support and maintenance. She had a right, reasonably, to expect her son, the party killed, would continue to provide for her during his natural life, the declaration — which is drawn with great care — -alleging that, in his lifetime, he had helped to support *16and maintain her, and the mother testifying that it was the son’s regular habit to turn over to her, on drawing his wages, fifty dollars per month. The ground of liability is the common law duty of the appellee to provide safe…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. WatsonSupreme Court of Alabama · 1890
- Reed v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1887
- Blair v. VanblarcumIllinois Supreme Court · 1874
- Illinois Central Railroad v. HunterMississippi Supreme Court · 1892
- Alexander v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Wright v. Southern Pacific Co.Utah Supreme Court · 1896
- Yazoo & Mississippi Valley Railroad v. SchraagMississippi Supreme Court · 1904
- Hope v. Natchez, Columbia & Mobile RailroadMississippi Supreme Court · 1910
- Kirkpatrick v. Ferguson-Palmer Co.Mississippi Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.