Illinois Central Railroad v. Abrams

Citations

• 84 Miss. 456

Syllabus

<p>1. Pleadings. Declaration. Antagonistic canses of action. Same count.</p> <p>A declaration, with, but one count, stating two antagonistic causes of action will not sustain a verdict for plaintiff on either cause of action, where the jury were instructed in respect to both and it cannot be ascertained which of the instructions were controlling.</p> <p>3. Same. Master and servant. Railroads. Fellow-servants. Constitution 1890, sec. 193. Code 1898, ? 3559.</p> <p>A cause of action predicated of the master’s negligence, in failing to furnish his servant a safe place in which to work,'is incon-' sistent and should not be joined in the same count with a cause of action arising from the negligence of a fellow-servant, based, on Constitution 1890, sec. 193, and Code 1892, § 3559, modifying the common-law fellow-servant rule.</p>