Louisville, New Orleans & Texas Railway Co. v. Whitehead
Mississippi Supreme Court
From the circuit court oi' Franklin county. Hon. W. P. Cassedy, Judge. Action for damages by appellee against the appellant for the alleged backing up of the waters of a stream on the lands of plaintiff, by the construction of the road-bed of the defendant.
Read the full summary
From the circuit court oi' Franklin county. Hon. W. P. Cassedy, Judge. Action for damages by appellee against the appellant for the alleged backing up of the waters of a stream on the lands of plaintiff, by the construction of the road-bed of the defendant. On the trial, the defendant introduced two surveyors, who testified that they had made surveys, and found that the land of plaintiff which was alleged to have been overflowed was, in fact, higher than the road-bed, and, for that reason, it was impossible that the overflow could have been occasioned by the construction of the same. The…
1Opinion of the CourtWoods, J.
The first instruction given for appellee is justly obnoxious to the criticism of containing a comment on the testimony of the two chief witnesses for the appellant, and as charging the jury on the weight of the evidence. The jury was informed by the court that the evidence of these witnesses was to “be received with caution, as the opinions of such witnesses, however honestly entertained, may be erroneous,” etc. The singling out of the witnesses supposed to have been expert witnesses (whether they were or not it is unnecessary for ns to determine) for discrediting remark by the court, and the…
2Cases cited4 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Humphries v. JohnsonIndiana Supreme Court · 1863
- Atchison, Topeka & Santa Fé Railroad v. ThulSupreme Court of Kansas · 1884
- Stone v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1887
3Cited by16 opinions
- Scanlon v. Kansas CitySupreme Court of Missouri · 1930
- Estate of BlakeCalifornia Supreme Court · 1902
- New York Life Ins. Co. v. SchlatterCourt of Appeals for the Fifth Circuit · 1953
- Mississippi State Highway Commission v. StoutMississippi Supreme Court · 1961
- Pearl River Valley Water Supply District v. WoodMississippi Supreme Court · 1965
11 more not listed; retrieve them via the Exa API.