Bussey v. Gulf & Ship Island Railroad

Citations

• 79 Miss. 597

Syllabus

<p>3. EailROAds. Death by wrongful act. Fellow-servants. NegUgence of company. Parties plaintiff. Chapters 65, 66, Laws 1898.</p> <p>Laws 1898, eh.. 66, being a legislative enactment under constitution 1890, sec. 193, creating aright of action by an employe for injuries arising from the negligence of fellow-servants and limiting the right to sue when such injuries result in death to the perso'nal representatives of the deceased, has no application to other classes of injuries than those named, as when the negligence is that of the master, and hence relates to a different subject and does not impliedly repeal laws 1898, ch. 65, re-enacting Lord Campbell’s act and permitting actions for any class of injuries causing death by certain relatives of the deceased.</p> <p>2. Same. Employes. Laws 1898, ch. 65.</p> <p>By the express terms of ch. 65, acts 1898, it is made to apply to all personal injuries of servants or employes resulting in death which are due to the negligence of the master.</p> <p>Calhoon, J., dissenting-, expressed the view that sec. 193, constitution 1890, regulated the rights of railway employes, and that for injuries resulting in the death of an employe the right of action was in his executor or administrator under the designation of “ legal or personal representative,” and that the legislature in exercising the authority given by said section to extend the remedies therein provided to other classes of employes could not confer upon relatives the right of action in such cases.</p>