Swan v. Liverpool, London & Globe Insurance
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. Geo. F. BrowN, Judge. The opinion of the court contains all the facts necessary to a full understanding of the principles announced.
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Error to the Circuit Court of Hinds County. Hon. Geo. F. BrowN, Judge. The opinion of the court contains all the facts necessary to a full understanding of the principles announced. It is assigned for error: 1. That the court below erred in sustaining the motion of defendant for verdict in favor of defendant, notwithstanding the evidence offered in behalf of plaintiff. 2. In refusing to grant the motion for new trial. 3. In permitting the jury to disperse, and calling them back the next morning to render a verdict in favor of defendant. Loss by the mere fault or negligence of the insured or…
1Opinion of the CourtChalmers, J.
After plaintiff had closed his testimony in the court below, -defendant, without introducing any of its own, sought and obtained from the court an instruction to the jury “ to find, as in the case of nonsuit, that plaintiff’s evidence did not conduce to prove any cause of action, and they ought to find for defendant, and that even if they found any fact for the plaintiff which his evidence conduced to prove, still there was no cause of action, and they ought to find for defendant.”
■ In obedience to this instruction, the jury, as in duty bound, returned a verdict for defendant, from which…
2Cases cited5 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Peacock v. . New York Life Insurance CompanyNew York Court of Appeals · 1859
- Byrne v. Rising Sun InsuranceIndiana Supreme Court · 1863
- Fowler v. New York Indemnity InsuranceNew York Supreme Court · 1856
- Goodman v. FordMississippi Supreme Court · 1852
3Cited by10 opinions
- Hahn v. Guardian Assurance Co.Oregon Supreme Court · 1893
- Woods v. StateMississippi Supreme Court · 1939
- United States Fire Insurance v. MerrickCourt of Appeals of Maryland · 1937
- Supreme Lodge Knights of Honor v. FletcherMississippi Supreme Court · 1900
- Jackson City Lines v. HarkinsMississippi Supreme Court · 1948
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