Millsaps v. Louisville, New Orleans & Texas Ry. Co.
Mississippi Supreme Court
From the circuit court of Franklin county. Hon. W. P. Cassedy, Judge. Action for the death of plaintiff’s intestate. The declaration alleges that the deceased, Sidney Millsaps, while acting as fireman on one of defendant’s locomotives, was killed in a collision occurring through the negligence of defendant’s train-dispatcher, who was charged with the duty of directing the movement of trains.
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From the circuit court of Franklin county. Hon. W. P. Cassedy, Judge. Action for the death of plaintiff’s intestate. The declaration alleges that the deceased, Sidney Millsaps, while acting as fireman on one of defendant’s locomotives, was killed in a collision occurring through the negligence of defendant’s train-dispatcher, who was charged with the duty of directing the movement of trains. It further alleges that the intestate was at the time acting as fireman, with the permission of the defendant, for the purpose of learning the business, and thus fitting himself for efficient service as…
1Opinion of the CourtCooper, J.
Under the facts stated in the declaration, the plaintiff’s intestate was the servant of the defendant corporation. Degg v. Midland Railway Co., 1 Hurt. & N. (Ex.), 773; Barstow v. R. R. Co., 143 Mass., 535; Osborne v. Knox & Lincoln, 68 Maine, 49; McKinney on Fellow-servants, § 19.
The train-dispatcher was the fellow-servant of the intestate. L., N. O. & T. Ry. Co. v. Petty, 67 Miss., 255; N. O., J. & G. N. R. R. Co. v. Hughes, 49 Ib., 258; Lagrone v. M. & O. R. R. Co., 67 Ib., 592.
Judgment affirmed.
2Cases cited2 opinions
- Barstow v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1887
- Louisville, New Orleans & Texas Ry. Co. v. PettyMississippi Supreme Court · 1889
3Cited by10 opinions
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Weisser v. Southern Pacific Ry. Co.California Supreme Court · 1906
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- Norfolk & Western Railway Co. v. Bondurant's AdministratorSupreme Court of Virginia · 1907
- Weeks v. ScharerCourt of Appeals for the Eighth Circuit · 1901
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