Legal Opinion · Dissent

Jackson Light & Traction Co. v. Taylor

Mississippi Supreme Court

Decided October 15, 1916Published

Appeal from the circuit court of Hinds county. HoN. E. L. BeieN, Presiding Judge. Suit by Ruby Taylor, by her next friend, Dick Taylor,, ag’ainst the Jackson Light & Traction Company. Prom a judgment for plaintiff, defendant appeals.

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Appeal from the circuit court of Hinds county. HoN. E. L. BeieN, Presiding Judge. Suit by Ruby Taylor, by her next friend, Dick Taylor,, ag’ainst the Jackson Light & Traction Company. Prom a judgment for plaintiff, defendant appeals. This action was instituted in the circuit court of Hinds county by Ruby Taylor, a minor of the age of ten years, suing by her next friend, to recover damages for the alleged negligence of the Jackson Light & Traction Company in carrying plaintiff beyond her destination. Ap-pellee was allowed to recover punitive damages, and from a judgment awarding the sum of…

1Dissent

Cook, P. J., and Potter, J.

(dissenting). We are not prepared to say that the court has erred in reversing this ease. It is probable that the instructions given for the plaintiff constituted error, for which the case should be reversed. "We do not think that the opinion of the court correctly states the rule, and we are unable to distinguish this case from Railway Co. v. Lowry, 79 Miss. 431, 30 So. 634. True Governor Lowry was a distinguished citizen, and the plaintiff in this case was not, but it is also true that the evidence in this case for the plaintiff warranted the belief that the…

2Cases cited1 opinion

  1. Jackson Electric Railway, Light & Power Co. v. LowryMississippi Supreme Court · 1901

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