Memphis & Charleston Railroad v. Chastine
Mississippi Supreme Court
Ekbob to the Circuit Court of Alcorn County. Hon. B. B. BoONE, Judge. This was trespass on the case by Chastine against the railroad company. The declaration contained two counts, in both of which it was alleged that the plaintiff purchased and paid for a ticket at Corinth, Mississippi, to be transported to Memphis, Tennessee, on the defendant’s cars, and that he got on the train at Corinth.
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Ekbob to the Circuit Court of Alcorn County. Hon. B. B. BoONE, Judge. This was trespass on the case by Chastine against the railroad company. The declaration contained two counts, in both of which it was alleged that the plaintiff purchased and paid for a ticket at Corinth, Mississippi, to be transported to Memphis, Tennessee, on the defendant’s cars, and that he got on the train at Corinth. It was alleged, in the first count, that between Corinth and Memphis the plaintiff was forced by the conductor to get off the train, against his will, in violation of the contract; and, in the second,…
1Opinion of the CourtChalmebs, J.
Could we pass upon the testimony contained in the bill of exceptions, we should say that the verdict was manifestly wrong, and the damages grossly excessive. But no formal exception was taken in the court below to the action of the court in overruling the motion for new trial; and it was held in Scott v. State, 31 Miss. 473, that under such circumstances this court could not revise such action, although the overruling of the motion was followed by a bill of exceptions embodying all the testimony. The statute, Hutch. Code, 885, art. 7, § 1, is substantially the same as § 648 of Code of 1871,…
2Cases cited1 opinion
- Scott v. StateMississippi Supreme Court · 1872
3Cited by6 opinions
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Jacksonville, Tampa & Key West Railway Co. v. NeffSupreme Court of Florida · 1891
- Way v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- United States v. TrabingWyoming Supreme Court · 1885
- Armstrong v. WhiteheadMississippi Supreme Court · 1902
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