Alabama & Vicksburg Railway Co. v. Coleman
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Green B. Huddleston, Judge. Coleman, the appellee, was the plaintiff, and the railway-company, the appellant, was the defendant in the court below. The plaintiff, Coleman, sued the railroad company for §600, damages for losses averred to have been suffered by him at various times on divers shipments of cattle, and which losses were charged to have resulted from the negligence of the carrier’s servants.
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From the circuit court of Lauderdale county. Hon. Green B. Huddleston, Judge. Coleman, the appellee, was the plaintiff, and the railway-company, the appellant, was the defendant in the court below. The plaintiff, Coleman, sued the railroad company for §600, damages for losses averred to have been suffered by him at various times on divers shipments of cattle, and which losses were charged to have resulted from the negligence of the carrier’s servants. There was filed with the declaration a written statement, showing the date of each shipment, the amount of the loss thereon, and the number and…
1Opinion of the CourtWhitfield, C. J.
It is perfectly clear that the verdict is excessive. ■ Granting that, on Murray’s testimony, all else can be upheld — which we do not now decide. Murray expressly states that he knew nothing of his own knowledge, or from his books, as to any death or injury of or to any animals in cars No. 10536, N. E.; 25067, V., S. & P.; 5029, V., S. & P.; 35040, M. & O., and 8003, A. G: S., and yet the jury rendered a verdict for the whole amount claimed. It cannot be upheld on the plaintiff’s very unsatisfactory testimony, as contained in this record, and on Murray’s it is excessive.
We decline to pass…
2Cases cited4 opinions
- Bates v. PrebleSupreme Court of the United States · 1894
- Curtis v. BradleySupreme Court of Connecticut · 1894
- Maxwell's Executors v. WilkinsonSupreme Court of the United States · 1885
- Ch., St. L., & N. O. R. R. v. ProvineMississippi Supreme Court · 1883
3Cited by1 opinion
- Martin v. StateMississippi Supreme Court · 1944