Hood v. Moffett
Mississippi Supreme Court
Appeal from the circuit court of Harrison .county. Hon. T. H. Barrett, Judge. Suit by Mrs. Lena Moffett against Dr. B. S. Hood. From a judgment for plaintiff, defendant appeals. This is a suit in which a judgment for damages was rendered in favor of appellee for an alleged breach of a contract on the part of appellant.
Read the full summary
Appeal from the circuit court of Harrison .county. Hon. T. H. Barrett, Judge. Suit by Mrs. Lena Moffett against Dr. B. S. Hood. From a judgment for plaintiff, defendant appeals. This is a suit in which a judgment for damages was rendered in favor of appellee for an alleged breach of a contract on the part of appellant. Several weeks prior to the 14th day of September, 1912, appellant entered into a contract with appellee’s husband, for her benefit, to attend and render to her medical assistance at her approaching accouchement, for which he was to receive the sum of twenty dollars. This money…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above). The errors claimed by counsel for appellant to have been committed in the court below are, in substance, as follows:(1) Refusing to grant appellant a peremptory instruction.(2) Permitting the jury to award appellee damages for mental anguish.(3) Instructing the jury that when appellant found that he would be unable to comply with his promise to attend Mrs. Moffett, in event the jury believed from the evidence he in fact so promised—
“then under the law, he .was bound to do one of two things: Either, first, send another doctor to plaintiff, or, second, notify…
2Cases cited1 opinion
- Heirn v. M'CaughanMississippi Supreme Court · 1856
3Cited by25 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Standard Life Ins. Co. of Indiana v. VealMississippi Supreme Court · 1977
- State Farm Fire and Cas. Co. v. SimpsonMississippi Supreme Court · 1985
- Aetna Cas. & Sur. Co. v. DayMississippi Supreme Court · 1986
- Progressive Casualty Insurance Company v. KeysMississippi Supreme Court · 1975
20 more not listed; retrieve them via the Exa API.