Vicksburg & Meridian Railroad v. Hedrick
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wi-iarton, Judge. H. A. Hedrick brought this action against the Vicksburg and Meridian Eailway Company to recover one hundred dollars as the value of a mule alleged to have been killed by one of the defendant’s trains. At the trial one witness testified for the defendant and related what he said were the circumstances attending the killing of the mule. His testimony was in conflict with that given for the plaintiff.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wi-iarton, Judge. H. A. Hedrick brought this action against the Vicksburg and Meridian Eailway Company to recover one hundred dollars as the value of a mule alleged to have been killed by one of the defendant’s trains. At the trial one witness testified for the defendant and related what he said were the circumstances attending the killing of the mule. His testimony was in conflict with that given for the plaintiff. The second instruction given for the plaintiff was in the following language : “ If the jury believe from the evidence…
1Opinion of the CourtCooper, J.
The second instruction given for the plaintiff is erroneous. The maxim of falsus in uno, falsus in omnibus cannot be invoked except where the witness has intentionally given false testimony. White v. The State, 52 Miss. 227; Callahan v. Shaw, 24 Iowa 441; Brennan v. The People, 15 Ill. 511; Crabtree v. Hagenbaugh, 25 Ill. 233.
Judgment reversed and case remanded.
2Cases cited4 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- Callanan v. ShawSupreme Court of Iowa · 1868
- Crabtree v. HagenbaughIllinois Supreme Court · 1861
- Liverpool, London & Globe Insurance v. McGuireMississippi Supreme Court · 1876
3Cited by8 opinions
- D'Antoni v. AlbrittonMississippi Supreme Court · 1930
- McClure v. StateMississippi Supreme Court · 1930
- Waldrop v. StateMississippi Supreme Court · 1910
- Jeffries v. StateMississippi Supreme Court · 1900
- Wofford v. StateMississippi Supreme Court · 1911
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