Hudson v. Mississippi Central Railroad

Mississippi Supreme Court

Hudson v. Mississippi Central Railroad

48 So. 289, 95 Miss. 41

CourtMississippi Supreme Court

DecidedMarch 15, 1909

StatusPublished

Cited by3 cases

This text of 48 So. 289 (Hudson v. Mississippi Central Railroad) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hudson v. Mississippi Central Railroad, 48 So. 289, 95 Miss. 41 (Mich. 1909).

Pincite

Opinion

Fletcher, J.,

delivered the opinion of the court.

The second count of the declaration is drawn under section 1985 of the Code of 1906, and states a perfectly good cause of action. - It states, in effect, that plaintiff’s intestate was an employe of the defendant railroad company, and was killed by reason-of the train being derailed. It was not necessary to state more than this in order to put the company upon the defensive. The demurrer being a general one, it was manifest error to sustain it in the face of the second count.

We do not deem it necessary to pass upon the question presented by the first count, since it is obvious that the demurrer was improperly sustained.

Reversed and remanded.

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