Millsaps v. Louisville, New Orleans & Texas Ry. Co.
Mississippi Supreme Court
Millsaps v. Louisville, New Orleans & Texas Ry. Co., 69 Miss. 423 (Miss. 1891)
Cooper
Millsaps v. Louisville, New Orleans & Texas Ry. Co.
Opinion of the Court
delivered the opinion of the court.
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.
Reference
- Full Case Name
- Elijah Millsaps, Admr. v. Louisville, New Orleans & Texas Ry. Co.
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- 1. Master and Servant. Mailroads. Permissive service. One who by permission of the railroad company acts as fireman of its locomotive, is a servant of the company, though he acts without compensation, and merely to learn the business. 2. Railroads. Fellow-servants. Fireman and train-dispatcher. The fireman of a locomotive and a train-dispatcher are fellow-servants of a railroad company, and the company is not liable for the death of the former caused by the negligence of the latter in the common employment.