Farmer v. Cumberland Telephone & Telegraph Co.
Mississippi Supreme Court
Feom the circuit court of Lauderdale county. Hon. Robeet F. Cochean, Judge. Farmer, the appellant, was plaintiff, and the telephone company, the appellee, defendant in the court below. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.
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Feom the circuit court of Lauderdale county. Hon. Robeet F. Cochean, Judge. Farmer, the appellant, was plaintiff, and the telephone company, the appellee, defendant in the court below. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. The evidence for plaintiff was, in substance, as follows: Plaintiff was employed by defendant at Meridian as “trouble man” on its lines, and on the morning of June 4, 1904, he was driving a horse furnished him by defendant, and was going down a hill, when one of the traces came loose and…
1Opinion of the CourtTruly, J.
This appeal challenges the correctness of the action of the trial judge in granting a peremptory instruction in favor of appellee at the conclusion of appellant’s testimony. The rule in such case was recently stated by this court as follows: “It is well settled in our state that, where a peremptory instruction is given, the losing party is entitled, upon the review of the action of the court, to have all facts in his favor considered as true. A peremptory instruction is proper only in cases where, with all the facts in evidence taken as true, with every inference from them, they fail to…
2Cases cited1 opinion
- McCaughn v. YoungMississippi Supreme Court · 1904
3Cited by8 opinions
- City of Greenville v. LauryMississippi Supreme Court · 1935
- Hughes v. Star Homes, Inc.Mississippi Supreme Court · 1980
- RAWLINGS v. RoyalsMississippi Supreme Court · 1952
- MERCY REGIONAL MEDICAL CTR. v. DoironMississippi Supreme Court · 1977
- Central Lumber Co. v. PorterMississippi Supreme Court · 1925
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