ROBERDS, P.J.
In April, 1955, H.J. Dearman filed a suit in the Circuit Court of Jackson County, Mississippi, against V.W. Boats, Inc., to recover damages for personal injuries suffered by Dearman, as he claimed, as a result of negligence of Boats, Inc., in failing to furnish him as a servant of Boats a reasonably safe place in which to work.
On May 27, 1955, that suit was dismissed by Dearman. On July 13, 1955, Dearman, by declaration, sued Charles
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