Sardis & Delta Railroad v. McCoy
Mississippi Supreme Court
From the circuit court of, first district, Panola county. Hon. J. B. Boothe, Judge. McCoy, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below. The suit was for the value of a mule killed by a train on the track of the. railroad company. From a judgment in plaintiff’s favor, the defendant appealed to the supreme court.
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From the circuit court of, first district, Panola county. Hon. J. B. Boothe, Judge. McCoy, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below. The suit was for the value of a mule killed by a train on the track of the. railroad company. From a judgment in plaintiff’s favor, the defendant appealed to the supreme court. The instruction passed upon and condemned by the supreme court was as follows: “'The court instructs the jury that they are the sole judges of the weight of evidence and the credibility of witnesses, and may give just such weight to…
1Opinion of the CourtTruly, J.
This is a very close case on the facts, so close that the error of law in granting the second instruction for the plaintiff is fatal. We again announce that, where jurors are instructed as to their right to reject the testimony of witnesses on the ground that they have sworn falsely to any part of their testimony, the instruction should always contain the limitation that such false swearing was “willfully, knowingly, and corruptly” done. The instruction under review does not contain this necessary qualification.
Reversed and remanded.
2Cited by9 opinions
- D'Antoni v. AlbrittonMississippi Supreme Court · 1930
- McClure v. StateMississippi Supreme Court · 1930
- Waldrop v. StateMississippi Supreme Court · 1910
- Davis v. StateMississippi Supreme Court · 1906
- Philp v. DanaMississippi Supreme Court · 1920
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