Tendall v. Davis
Mississippi Supreme Court
Appeal from circuit court of Marshall county. Hon. W. A. Boanb, Judge. Action by Leo Tendall against Jas. C. Davis, Agent, etc. Judgment for plaintiff, who appeals on the ground that the amount of recovery in inadequate. The court told the jury in instruction 7, for appellee that “the only ground of negligence relied upon by the plaintiff is the alleged fact that the train ivas moving at a greater rate of speed than six miles per hour, etc.
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Appeal from circuit court of Marshall county. Hon. W. A. Boanb, Judge. Action by Leo Tendall against Jas. C. Davis, Agent, etc. Judgment for plaintiff, who appeals on the ground that the amount of recovery in inadequate. The court told the jury in instruction 7, for appellee that “the only ground of negligence relied upon by the plaintiff is the alleged fact that the train ivas moving at a greater rate of speed than six miles per hour, etc. While at the same time he gave instruction No. 3 for the appellant, that if the jury believes from the evidence in the case that there were box cars…
1Opinion of the CourtHolden, J.
This is a direct appeal by Leo Tendal!, who recovered a judgment for one hundred and seventy-eight dollars against the Illinois Central Railroad Company as damages for personal injuries sustained by him on account of being struck by a locomotive, and the railroad company cross-appeals. The complainant of the appellant here is that the amount allowed him by the jury is inadequate, and the railroad company cross-appeals on the ground that it was entitled to a peremptory instruction against liability, because the injury was not proximately due to the negligence of the railroad company in the…
2Cases cited2 opinions
- Coccora v. Vicksburg Light & Traction Co.Mississippi Supreme Court · 1921
- Yazoo & M. V. R. v. WilliamsMississippi Supreme Court · 1917
3Cited by4 opinions
- Bufkin v. Louisville N.R. Co.Mississippi Supreme Court · 1931
- LOVETT MOTOR CO. v. WalleyMississippi Supreme Court · 1953
- St. Louis & S. F. Ry. Co. v. BridgesMississippi Supreme Court · 1930
- LOVETT MOTOR CO. v. WalleyMississippi Supreme Court · 1953