Cheaves v. Southern Railway Co.

Citations

• 82 Miss. 48

Syllabus

<p>Railroads. Constitution 1890, sec. 193 ; code 1893, \\ 3559. Fellow servants.</p> <p>Under constitution 1890, sec. 193, and code 1892, § 35'59, providing that every employee- of a railroad corporation shall have the same remedies for an injury suffered from the act or omission of the corporation or its employees as allowed to other persons not employees, where the injury results from the negligence of a superior agent or officer or one having the right to control the service of the party injured, a declaration in a suit by a fireman charging that he was injured by the negligence of the engineer who was a superior, having the right to control plaintiff’s service (using the language of the constitution and statute in making the charge) is not demurrable.</p>