Butler v. Town of Oxford
Mississippi Supreme Court
From the circuit court of Lafayette county. Hon. W. M. Rogers, Judge. The appellant, Y. J. Butler, instituted this action against the town of Oxford to recover damages for personal injuries sustained by her through the alleged negligence of the defendant in respect to one of its streets. The case was tried twice. The first trial resulted in a judgment for defendant, which, on motion of plaintiff, was set aside.
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From the circuit court of Lafayette county. Hon. W. M. Rogers, Judge. The appellant, Y. J. Butler, instituted this action against the town of Oxford to recover damages for personal injuries sustained by her through the alleged negligence of the defendant in respect to one of its streets. The case was tried twice. The first trial resulted in a judgment for defendant, which, on motion of plaintiff, was set aside. The defendant excepted to the action of the court in granting a new trial. A second trial resulted also in a verdict for defendant. Motion for new trial overruled. Plaintiff appeals.…
1Opinion of the CourtCooper, J.
Regardless of any question upou the correctness of the instructions given or refused in the court below, the judgment must be affirmed, on the ground that, in no view of the evidence, is there shown a right of recovery by the plaintiff. According to her contention, the accident in which she sustained injury resulted from the fright of hex5 horse, occasioxxed by an old furnace and some pieces of stove-pipe being deposited in a ditch by the side of the sti’eet along which she was traveling.
The evidence is conclusive that those objects had been placed in the ditch about one hour — certainly not…
2Cited by5 opinions
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