Mobley v. New Orleans & Northeastern Railroad
Mississippi Supreme Court
Mobley v. New Orleans & Northeastern Railroad, 100 Miss. 451 (Miss. 1911)
56 So. 666
Whitfield
Mobley v. New Orleans & Northeastern Railroad
Opinion of the Court
The demurrer to the declaration was general. The first count of the declaration states a good cause of action, as held in Hudson v. Mississippi R. R. Co., 95 Miss. 41, 48 South. 289.
It follows that the demurrer should have been overruled. Reversed and remanded.
Per Curiam. The above opinion is adopted as the opinion of the court, and, for the reasons therein indicated, the judgment is reversed, demurrer overruled, and the cause remanded.
Reference
- Full Case Name
- Will Mobley, by Next Friend v. New Orleans and Northeastern Railroad Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Master and Servant. Injuries to servant. Running trains. Declaration. A declaration stating that “on or about September 2, 1907, the plaintiff, a minor, was employed by the defendant railroad on its work train operating and working at and around the town of Picayune, in the state of Mississippi; and at night fall on said date the plaintiff was carried by said work train into the town of Picayune, and there injured by the running of said work train,” states a good cause of action as against a general demurrer.