Alabama & Vicksburg Railway Co. v. Searles
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John D. Gtlland, Judge. The tenth instruction asked by defendant, and which the court holds was properly refused, is as follows: “ The court instructs the jury that evidence that it was the duty of the defendant’s car-inspectors to inspect every car before it was used, and reject every car unfit for use, and that such inspectors invariably performed that duty, and that cars found unfit were never used, is competent to prove that…
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From the circuit court of Warren county. Hon. John D. Gtlland, Judge. The tenth instruction asked by defendant, and which the court holds was properly refused, is as follows: “ The court instructs the jury that evidence that it was the duty of the defendant’s car-inspectors to inspect every car before it was used, and reject every car unfit for use, and that such inspectors invariably performed that duty, and that cars found unfit were never used, is competent to prove that the ears were in good order and condition.” The instructions for the defendant, which the court holds were properly…
1Opinion of the CourtCooper, J.
This case, as developed on the last trial in the lower court, presents in its principal issue no materially different aspect from that presented when it was first tried, and, upon an appeal then prosecuted, it was held by this court that a peremptory instruction for the defendant could not.be supported, because there we,re disputed facts on which the jury might find for the plaintiff’. Searles v. Railway Co., 69 Miss., 186.
The peremptory instruction asked by the appellant was properly refused. The action is one to recover for injury to three car-loads of oats shipped by the plaintiff from…
2Cases cited5 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Sullivan v. LearSupreme Court of Florida · 1887
- Brackett v. EdgertonSupreme Court of Minnesota · 1869
- H. Sloan & Co. v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Searles v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1891
3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MarshallSupreme Court of Arkansas · 1905
- Citizens Bank v. CallicottMississippi Supreme Court · 1937
- St. Louis Southwestern Ry. Co. of Texas v. MoreheadCourt of Appeals of Texas · 1918
- Carey v. Beebe Concrete Co.Supreme Court of Kansas · 1913
- Dunlap v. Great Northern Railway Co.South Dakota Supreme Court · 1914
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