Coleman v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From tlie circuit court of, second district, Coahoma county. Hon. Samuel C. Cooic, Judge. Coleman, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court.
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From tlie circuit court of, second district, Coahoma county. Hon. Samuel C. Cooic, Judge. Coleman, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court. The plaintiff sought to recover damages for personal injuries caused by the discharge of a pistol in the hands of Myers, defendant’s conductor, who in attempting at a station to eject a drunken and disorderly passenger from a passenger train, struck the disorderly passenger over the head with a pistol, whereby the…
1Opinion of the Court
Whitfield, C. J.,
delivered the opinion of the court. '
The court below plainly erred in refusing the first and second instructions asked by the plaintiff. It also plainly erred in modifying instruction No. three and instruction No. five asked by the plaintiff, and it also clearly erred in giving instruction No. two and instruction No. three for the defendant. The point made, that the appellant cannot complain of the modification of his instructions, No. three and No. five is not well taken,, since the instructions were correct as asked, and the modification was error. Miss. Central R. Co. v.…
2Cases cited1 opinion
- Illinois Central Railroad v. BetheaMississippi Supreme Court · 1906
3Cited by1 opinion
- Thomas v. CarterMississippi Supreme Court · 1927