Legal Opinion

Yazoo & M. V. R. v. Scott

Mississippi Supreme Court

Decided October 15, 1914PublishedCited by 42 opinions

Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit- by Henry Scott against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. “Rule 13. — New Trial as to Damages Only. — When a judgment is reversed and a new trial ordered because the damages are excessive or inadequate, and for no other reason, such judgment shall be set' aside only in -respect of damages and shall stand good in all other respects.”

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Appeal from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Suit- by Henry Scott against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. “Rule 13. — New Trial as to Damages Only. — When a judgment is reversed and a new trial ordered because the damages are excessive or inadequate, and for no other reason, such judgment shall be set' aside only in -respect of damages and shall stand good in all other respects.” When this case was reversed and sent to the trial court we offered pleas and evidence to disprove our liability but the…

1Opinion of the CourtSmith, C. J.

This suit was instituted in the court below by appellee to recover from appellant damages for an injury received by him while in appellant’s employ by reason of the negligence of its servants. On the trial of the cause there was a verdict and judgment for appellee for the sum of one hundred dollars, from which he appealed *879to this court, and obtained a reversal thereof for the reason that the damages allowed him were inadequate. 103 Miss. 522, 60 So. 215. In reversing the judgment, however, the new trial directed was restricted to the ascertainment of damages only, and, in so far as it settled…

2Cases cited17 opinions

  1. Kansas v. ColoradoSupreme Court of the United States · 1907
  2. Lux v. HagginCalifornia Supreme Court · 1886
  3. Simmons v. FishMassachusetts Supreme Judicial Court · 1912
  4. Powell v. Augusta & Summerville RailroadSupreme Court of Georgia · 1887
  5. Lux v. HagginCalifornia Supreme Court · 1886

12 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Rhoads Drilling Co. v. AllredTexas Supreme Court · 1934
  2. Murray v. KrenzSupreme Court of Connecticut · 1920
  3. Mitchell v. StateMississippi Supreme Court · 1937
  4. Parizo v. WilsonSupreme Court of Vermont · 1929
  5. Mississippi State Highway Commission v. ValentineMississippi Supreme Court · 1960

37 more not listed; retrieve them via the Exa API.

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