Ikler v. Nix

Decision Date23 April 1917
Citation75 So. 120,114 Miss. 293
CourtMississippi Supreme Court
PartiesIKLER v. NIX

March, 1917

Division A

APPEAL from the circuit court of Jones county, HON. PAUL B. JOHNSON, Judge.

Suit by A. R. Nix against P. M. Ikler. From a judgment for plaintiff, defendant appeals.

This is an appeal from a judgment in the circuit court in favor of appellee for the sum of one thousand, five hundred dollars for injuries received by him while employed in appellant's sawmill. Appellee was working as a laborer, and lost a thumb and three fingers, and alleges that appellant was negligent in not providing safe machinery and sufficient labor to properly do the work.

Judgment reversed.

Currie & Smith, for appellant.

W. J. Pack and Jeff Collins, for appellee.

OPINION

SMITH, C. J.

The record discloses no negligence on the part of appellant, but, on the contrary, that appellee's injury was caused solely by his own negligence; consequently, appellant's request for a peremptory instruction should have been granted.

Reversed, and judgment here for appellant.

Reversed.

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6 cases
  • Mississippi Utilities Co. v. Smith
    • United States
    • Mississippi Supreme Court
    • February 13, 1933
    ...101 Miss. 292, 57 So. 916; Illinois Central R. R. Co. v. Guess, 74 Miss. 170, 1. So. 50; Parker v. Lumber Co., 54 So. 252; Ikler v. Nix, 114 Miss. 293, 75 So. 120. automobile is not a dangerous instrumentality, so as to make the employer liable for the negligence of an employee in the use o......
  • New Orleans Great Northern R. Co. v. Branton
    • United States
    • Mississippi Supreme Court
    • March 20, 1933
    ... ... Co., 104 La. 724, 29 So. 239; Y. & M. V ... R. Co. v. Lee, 114 So. 866; Patton v. Texas Pacific ... R. R. Co., 179 U.S. 659, 21 S.Ct. 275, 45 L.Ed. 361; ... Gulf, Mobile & Northern Railroad Co. v. Collins, 117 ... So. 593; Gulf, Mobile & Northern Railroad Co. v ... Clay, 125 So. 819; Ikler v. Nix, 114 Miss. 293, ... 75 So. 120; Vochees v. C. R. B. & P. R. Co., 30 S.W.2d 22 ... Another ... ground on which the peremptory instruction asked by the ... defendant should have been given, was that the danger ... incident to placing himself upon the end of the cross tie in ... ...
  • J. J. Newman Lumber Co. v. Boggs
    • United States
    • Mississippi Supreme Court
    • February 28, 1927
    ...the defendant because the evidence showed that the negligence of the plaintiff was the sole cause of the injury. See, also, Ekler v. Nix, 114 Miss. 293, 75 So. 120; and McKinnon v. Braddock (Miss.), 104 So. H. The refusal of instruction number two requested by the defendant was erroneous. 3......
  • Sea Food Co. v. Alves
    • United States
    • Mississippi Supreme Court
    • February 25, 1918
    ...negligence of appellant proximately causing his injury. The requested peremptory charge should have been given appellant. Ikler v. Nix, 114 Miss. 293, 75 So. 120. When the testimony fails to show negligence of the but on the contrary that the servant was injured by his own negligence, a per......
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