Gentry v. Gulf & S. I. R.
Mississippi Supreme Court
Appeal from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by J. W. Gentry against the Gulf & Ship Island-Railroad Company. From a judgment for defendant rendered on a trial after granting a‘new trial after judgment for plaintiff, he appeals. Judgment in second trial reversed and cause remanded, but verdict in first trial not reinstated. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by J. W. Gentry against the Gulf & Ship Island-Railroad Company. From a judgment for defendant rendered on a trial after granting a‘new trial after judgment for plaintiff, he appeals. Judgment in second trial reversed and cause remanded, but verdict in first trial not reinstated. The facts are fully stated in the opinion of the court. If the evidence is not conflicting as to whether the plaintiff was injured at the time of the wreck and suffered throughout the day, and intensely for two or three hours, and had to…
1Opinion of the Court
Cook, J,,
delivered the opinion of the court.
This action was begun in the circuit court by appellant, seeking to recover damages for injuries inflicted on him by the negligence of the appellee railroad company. At the first trial of the case appellant was awarded judgment for one thousand five hundred dollars. A motion for a new trial, among other things, set up newly discovered evidence. Without here considering any other ground for a new trial, we think the trial court properly set aside the verdict of the jury and *72granted defendant a new trial, because tie newly discovered evidence was very…
2Cases cited1 opinion
- Yazoo & M. V. R. R. v. RobinsonMississippi Supreme Court · 1914
3Cited by8 opinions
- Yazoo & M. V. R. v. MessinaMississippi Supreme Court · 1915
- Blalock v. MageeMississippi Supreme Court · 1949
- Council v. DuprelMississippi Supreme Court · 1964
- Choate v. PierceMississippi Supreme Court · 1921
- Stevenson v. Yazoo & M. V. R.Mississippi Supreme Court · 1916
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