Burrage v. Melson
Mississippi Supreme Court
Error to the circuit court of Copiah county. Milsapps, J. The opinion of the court contains a statement of the case. The assessment of damages is a matter to he left entirely with the jury to determine, and unless their finding- is grossly extravagant, or the damages palpably inadequate, the court has no right to interfere. The action of the court, therefore, in correcting the verdict was error.
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Error to the circuit court of Copiah county. Milsapps, J. The opinion of the court contains a statement of the case. The assessment of damages is a matter to he left entirely with the jury to determine, and unless their finding- is grossly extravagant, or the damages palpably inadequate, the court has no right to interfere. The action of the court, therefore, in correcting the verdict was error. The only remedy for a wrong verdict is by setting it aside, and not by correction, by way of reducing the amount which the jury have assessed. The damages, even after being cut down by the court, are…
1Opinion of the Court
Tarbell, J.:
Replevin by Sarah A. Melson and William R. Melson against Edward Burrage, to recover possession of various articles of personal property, consisting of household furniture, etc. The declaration alleged the property to be worth $1,500, and claimed damages in addition for the detention. The defendant pleaded the general issue. The jury returned a verdict, assessing the value of each article of property, and awarding $1,200 damages. There was a motion for a new trial, based on the ground that the verdict was contrary to law and evidence; that the jury erroneously included a cow and…
2Cases cited5 opinions
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Bennett v. Lockwood & CarterNew York Supreme Court · 1838
- Whitfield v. WhitfieldMississippi Supreme Court · 1866
- Brizsee v. MaybeeNew York Supreme Court · 1839
- White v. GravesCourt of Appeals of Mississippi · 1852
3Cited by5 opinions
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- Quarles v. HuchersonMississippi Supreme Court · 1925
- McFarland v. McFarlandMississippi Supreme Court · 1974
- Denver Onyx & Marble Manuf'g Co. v. ReynoldsCourt of Appeals for the Eighth Circuit · 1896