Jamison v. Moseley
Mississippi Supreme Court
From the circuit court of Clay county. Hon. C. H. Campbell, Judge. Action by appellee, Mosley, against the appellant, Jamison, for the recovery of damages for an assault and battery by shooting. The suit originated in the first district of Chickasaw county, but, on application of the plaintiff, the venue was changed to Clay county. The case has been before this court twice prior to the present appeal.
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From the circuit court of Clay county. Hon. C. H. Campbell, Judge. Action by appellee, Mosley, against the appellant, Jamison, for the recovery of damages for an assault and battery by shooting. The suit originated in the first district of Chickasaw county, but, on application of the plaintiff, the venue was changed to Clay county. The case has been before this court twice prior to the present appeal. See Moseley v. Jami-son, 66 Miss., 52; 67 lb., 336. On the last trial, among other instructions, the court gave the following: “The court charges the jury for the defendant that, if they believe…
1Opinion of the CourtCooper, J.
This is an action by appellee to recover damages from appellant for an assault and battery by shooting. The plaintiff proved by a witness (Mrs. Smith) that defendant, on the day of the shooting, stated to her that he had shot the plaintiff. He then proved by his physician the character of the wound received, the length of time plaintiff was confined to his bed, and the probable future result of the wound. Other witnesses were then introduced to prove the extent of damages inflicted, and the plaintiff then rested. The defendant then introduced certain eye-witnesses of the difficulty, whose…
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