Mardis v. Yazoo & M. V. R.
Mississippi Supreme Court
Appeal from the circuit court of Jefferson, county. Hon. B. E. Jackson, Judge. Suit by C. M. Mardis against the Yazoo & Mississippi Yalley Bailroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The lower court committed reversible error in giving instructions Nos. 1 and 3 for defendants.
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Appeal from the circuit court of Jefferson, county. Hon. B. E. Jackson, Judge. Suit by C. M. Mardis against the Yazoo & Mississippi Yalley Bailroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The lower court committed reversible error in giving instructions Nos. 1 and 3 for defendants. These instructions read as follows: “No. 1. The court instructs the jury that if the evidence leaves them in doubt and uncertain as to how the fire started, they should find for the defendant.” “No. 3. The court instructs the jury for the…
1Opinion of the CourtHolden, J.
This is an appeal from the judgment of the circuit court of Jefferson county, in which court the plaintiff below, appellant here, sued the defendant Railroad Com*738pauy for damagtes on account of causing' his storehouse and contents to he destroyed by fire thrown from its locomotive No. 37 on January 21,1915. There was a jury verdict, and judgment for the defendant railroad company in the lower court, from which judgment this appeal is prosecuted here.
Briefly stated, the facts shown in the lower court were as follows: Appellant, Mardis, plaintiff below, owned the storehouse at Stampley, Miss.,…
2Cases cited3 opinions
- Gentry v. Gulf & S. I. R.Mississippi Supreme Court · 1915
- Stevenson v. Yazoo & M. V. R.Mississippi Supreme Court · 1916
- Richland Planting Co. v. Yazoo & M. V. R.Mississippi Supreme Court · 1916
3Cited by2 opinions
- Council v. DuprelMississippi Supreme Court · 1964
- Durrett v. Mississippian Ry. Co.Mississippi Supreme Court · 1935