Hudson v. Mississippi Central Railroad

Citations

• 95 Miss. 41
• 48 So. 289

Syllabus

<p>1. Railroads. Injury resulting from moving cars. Code 1906, § 1985. Pleadings.</p> <p>Under Code 1906, § 1985, providing that, in actions against a railroad for injuries to employes, proof of injury inflicted hy the running of the locomotives or cars of the railroad shall he prima fade evidence of want of reasonable care, a declaration in an action hy a parent for the death of his son, which alleges that the son was an employe of defendant, a railroad company, and was killed hy the derailment of the train, states a cause of action as against a general demurrer.</p> <p>2. Supreme Court Practice. Declaration. Two counts. One good. Demurrer to entire declaration.</p> <p>Where the demurrer to a declaration containing two counts was improperly sustained as to one count, the court, on appeal from the ruling on the demurrer, will not pass on. the question presented hy the other count.</p>