Vicksburg, Shreveport & Pacific Railroad v. Lawrence
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Oliver W. Catohings, Special Judge. Lawrence, the appellee, was plaintiff, and the railroad com-, pany, appellant, defendant, in the court below. ■ The suit was for damages because of the breach of two contracts for the safe transportation of horses from Shreveport, Louisiana, to Vicksburg, Mississippi. On the first shipment two horses were killed and the first count of the declaration •demanded $100 because thereof.
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From the circuit court of Warren county. Hon. Oliver W. Catohings, Special Judge. Lawrence, the appellee, was plaintiff, and the railroad com-, pany, appellant, defendant, in the court below. ■ The suit was for damages because of the breach of two contracts for the safe transportation of horses from Shreveport, Louisiana, to Vicksburg, Mississippi. On the first shipment two horses were killed and the first count of the declaration •demanded $100 because thereof. The second count was predicated of the other shipment. The court instructed peremptorily for the plaintiff on the first count. The…
1Opinion of the CourtWhiteield, C. J.
The peremptory instruction to find for the plaintiff on the first count was clearly understood by the jury as a direction to find the value of the two horses therein named at $100. Yet the plaintiff himself testified that all the horses were of about the same grade and value, and the jury found the value of the other twenty-six at $900, notwithstanding the plaintiff had been paid $175 on account of them, and the proof of value ranged from' $30 to $50. It is obvious that too much was allowed for the first two horses, since $100 was manifestly found as their value. But appellee offers to remit…
2Cited by5 opinions
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