Mobile & Ohio Railroad v. Holt
Mississippi Supreme Court
Appeal from the Circuit Court of Noxubee County. Hon. J. M. Arnold, Judge. The case is sufficiently stated in the opinion of the court. The judgment in this case should be reversed, because the verdict is unwarranted in view of the evidence.
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Appeal from the Circuit Court of Noxubee County. Hon. J. M. Arnold, Judge. The case is sufficiently stated in the opinion of the court. The judgment in this case should be reversed, because the verdict is unwarranted in view of the evidence. It is true, as a general proposition, that a jury is the best judge of the value of testimony submitted viva voce before it; but it is a notorious fact, to which the courts cannot shut their eyes, that in controversies of this character the sympathies of juries are almost invariably with the plaintiffs, and that injustice is thus frequently done. It would…
1Opinion of the CourtChalmers, J.
This was the usual controversy between the incorporators of a railroad company and the owner of a cow, followed, we may add, by the usual result of a verdict against the railroad.
This verdict the railroad company asks us to reverse upon the ground laid down in Packwood’s Case, 59 Miss. 280, that by its testimony it has entirely rebutted all imputations of negligence and thus established its right to a reversal. In the case referred to, the facts were wholly unknown to the plaintiff, and we held that where *173the statutory imputation of negligence was thoroughly rebutted by proof of the facts…
2Cases cited1 opinion
- Chicago, St. Louis & New Orleans Railroad v. PackwoodMississippi Supreme Court · 1881
3Cited by4 opinions
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Lowe v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1902
- Alabama & Vicksburg Railway Co. v. MooreMississippi Supreme Court · 1902
- N. O. & N. E. R. v. JonesMississippi Supreme Court · 1886