Memphis & Charleston Railroad v. Orr
Mississippi Supreme Court
Error to the circuit court of Tishomingo county, Bradeord, J. The facts fully appear in the opinion of the court. The first assignment of error is, that the court permitted ¿3. A. Farris, a witness for plaintiff below, to testify “ that about 40 or 50 yards east from where he found the yellow horse, (the value of which, is sued for in this suit), he saw a grey horse, badly mangled, bruised, and killed, and he saw where he bad been dragged upon the ground, and was lying ©n…
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Error to the circuit court of Tishomingo county, Bradeord, J. The facts fully appear in the opinion of the court. The first assignment of error is, that the court permitted ¿3. A. Farris, a witness for plaintiff below, to testify “ that about 40 or 50 yards east from where he found the yellow horse, (the value of which, is sued for in this suit), he saw a grey horse, badly mangled, bruised, and killed, and he saw where he bad been dragged upon the ground, and was lying ©n the side of the track, several feet from it.” It is difficult to perceive upon what ground the objection to this testimony…
1Opinion of the Court
Tarbell, J.:
On the 7th of August, 1867, C. A. Orr brought his action of trespass in the circuit court of the county of Tishomingo, against the Memphis & Charleston Eailroad Company for the recovery of the value of a horse killed by the cars of the latter, on or about the 28th of July, 1867.
The defendant pleaded not guilty, and the cause on this issue came on for trial at the September term, 1868, of said court, when the jury found a verdict for plaintiff, assessing the damages at $200.
W. IT. McKinney, a witness for plaintiff testified, that on or about the 23d day of July, 1867, he saw a…
2Cases cited3 opinions
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Herndon v. HendersonMississippi Supreme Court · 1868
- Mississippi Central Railroad v. MillerMississippi Supreme Court · 1866
3Cited by3 opinions
- Meath v. Board of Mississippi Levee CommissionersSupreme Court of the United States · 1883
- Memphis & Charleston Railroad v. OrrMississippi Supreme Court · 1876
- N. O. & N. E. R. v. JonesMississippi Supreme Court · 1886