Illinois Central Railroad v. Sims
Mississippi Supreme Court
FroM the circuit court of Madison county. ITON. Robert Powell, Judge. Sims, the appellee, was the plaintiff in the court below; the railroad company was defendant there.
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FroM the circuit court of Madison county. ITON. Robert Powell, Judge. Sims, the appellee, was the plaintiff in the court below; the railroad company was defendant there. Although the evidence tended to show contributory negligence on the part of the borrower who had possession of the ijiule in question at the time of the injury, the court below granted a peremptory instruction in favor of the plaintiff, who was the .owner of the animal, presumably on the view that the borrower’s negligence could not be imputed to the plaintiff. In this case the driver of the mule was a mere gratuitious…
1Opinion of the CourtWoods, C. J.
It appears that the appellee had loaned his mule to one Dixon, to be used by him, Dixon, in hauling sand, and that while so using the animal, for the purpose for which it was loaned, the injury was indicted which resulted in its death.
The case is one of injury by a stranger to a bailor’s property in the hands and care of a bailee, and the question to be determined is, if the bailee was guilty of contributory negligence in the act complained of, is his contributory negligence imputable to the bailor ?
Acting within the scope of his employment, the negligence of the agent is imputed to his…
2Cases cited1 opinion
- Baggett v. McCormackMississippi Supreme Court · 1895
3Cited by10 opinions
- Nash v. LangMassachusetts Supreme Judicial Court · 1929
- Anheuser-Busch, Inc. v. StarleyCalifornia Supreme Court · 1946
- Spelman v. DelanoMissouri Court of Appeals · 1914
- Lloyd v. Northern Pacific Railway Co.Washington Supreme Court · 1919
- Young v. AndersonMississippi Supreme Court · 1964
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