Legal Opinion

Universal Truck Loading Co. v. Taylor

Mississippi Supreme Court

Decided March 1, 1937No. 32359PublishedCited by 12 opinions

1Opinion of the CourtEthridge, P. J.

This is the second appeal of this case, the first decision being reported in 174 Miss. 353, 164 So. 3.

■ It is urged upon us here that the former decision is binding because there is no substantial difference in the evidence there and here. This is an erroneous view of the law upon that subject. When a case is reversed upon the ground that the verdict is contrary to the overwhelming weight of the evidence, it is sent back for a new trial, and the court below is not bound in the new trial by the judgment of this court on the weight of the evidence. The jury may find another verdict upon the…

2Cases cited14 opinions

  1. Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
  2. Beard v. WilliamsMississippi Supreme Court · 1935
  3. Mobile & O. R. Co. v. BennettMississippi Supreme Court · 1921
  4. Davis v. TempleMississippi Supreme Court · 1922
  5. Fore v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1905

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

3Cited by12 opinions

  1. Fowler Butane Gas Co. v. VarnerMississippi Supreme Court · 1962
  2. Ex Parte Alabama Power Co.Supreme Court of Alabama · 1983
  3. Belk v. RosamondMississippi Supreme Court · 1952
  4. Long v. Bankers Life and Casualty CompanySupreme Court of Alabama · 1975
  5. Gulf Insurance Company v. ProvineMississippi Supreme Court · 1975

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

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