Herrin, Lambert & Co. v. Daly
Mississippi Supreme Court
Prom the circuit court of Pearl Diver county. Hon. Thaedeus A. 'Wood, Judge. Daly, the appellee, was plaintiff in the court below; Herrin, Lambert & Co., a copartnership, appellees, were defendants there. Prom a judgment for $1,500 in plaintiffs favor defendants appealed to the supreme court. The opinion of the court sufficiently states the facts upon which the case was resolved.
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Prom the circuit court of Pearl Diver county. Hon. Thaedeus A. 'Wood, Judge. Daly, the appellee, was plaintiff in the court below; Herrin, Lambert & Co., a copartnership, appellees, were defendants there. Prom a judgment for $1,500 in plaintiffs favor defendants appealed to the supreme court. The opinion of the court sufficiently states the facts upon which the case was resolved. The action of the trial judge in hearing evidence touching the indemnity policy is an error which on its face and without reference to anything else should reverse the case. It was clearly irrelevant and incompetent.…
1Opinion of the CourtCalhoon, J.
The declaration is for damages for a serious hurt to appellee, an employe at a'saAvmill owned by appellants, who were not a *342corporation, but a private partnership. Of course the fellow-servant rule applies in full force, and recovery could be had only if the injury was caused by the negligence of the master, or his negligence co-operating with that of a fellow servant. On the cross-examination by appellee’s counsel of Lambert, one of the defendants below, as a witness, he was asked if there was any one back of his firm who would satisfy the judgment if obtained. The court overruled an…
2Cited by61 opinions
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- Catholic Diocese of Natchez-Jackson v. JaquithMississippi Supreme Court · 1969
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- Avery v. CollinsMississippi Supreme Court · 1934
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