Yazoo & Mississippi Valley Railroad v. Kirk
Mississippi Supreme Court
Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Suit by Gí. W. Kirk against the'Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that the giving of the peremptory instruction on the second trial with regard to the statutory penalty was clearly erroneous, nor can we conceive how the judge was led into such error.
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Appeal from the circuit court of Yazoo county. Hon. W. A. Henry, Judge. Suit by Gí. W. Kirk against the'Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that the giving of the peremptory instruction on the second trial with regard to the statutory penalty was clearly erroneous, nor can we conceive how the judge was led into such error. The rule with regard to the giving of a peremptory instruction is well settled. “In granting a peremptory instruction the court assumes as true all…
1Opinion of the Court · CookCook, J.
This case was twice tried in the circuit court of Yazoo county. At the first trial the defendant below, appellant here, succeeded in convincing the jury that it was not guilty. This verdict was set aside by the court and anew trial granted. A special bil] of exceptions was presented to the trial judge and signed by him. When the case was tried a second time, the verdict of the jury was for the plaintiff. A motion for a new trial was overruled. So it is the action of the court in sustaining the first motion and overruling the second is before us for review. The same judge presided at both…
Also in this document: Opinion of the Court · Cook.
2Cases cited5 opinions
- Roberts v. RobertsSupreme Court of Georgia · 1902
- Crook v. Newborg & SonSupreme Court of Alabama · 1899
- Johnson v. StateSupreme Court of Arkansas · 1908
- Allison v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Reliance Lumber Co. v. W. U. Telegraph Co.Texas Supreme Court · 1883
3Cited by43 opinions
- Tari v. StateOhio Supreme Court · 1927
- Cantrell v. StateMississippi Supreme Court · 1987
- Jenkins v. FORREST COUNTY GENERAL HOSP.Mississippi Supreme Court · 1989
- Gulf States Steel Co. v. ChristisonSupreme Court of Alabama · 1934
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
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