Legal Opinion

Yazoo & Mississippi Valley Railroad v. Rivers

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 2 opinions

Hrom the circuit court of Yazoo county. Hon. J. B. Holden, Special Judge. Rivers, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there: The action was for slander. The jury rendered a verdict for $10,000 in plaintiff’s favor, but the same was by remittitur reduced to $5,000 to prevent the court below granting a new trial. The defendant appealed from the judgment of the circuit court for the latter sum to the supreme court.

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Hrom the circuit court of Yazoo county. Hon. J. B. Holden, Special Judge. Rivers, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there: The action was for slander. The jury rendered a verdict for $10,000 in plaintiff’s favor, but the same was by remittitur reduced to $5,000 to prevent the court below granting a new trial. The defendant appealed from the judgment of the circuit court for the latter sum to the supreme court. This report is of the second decision made in this case; a former decision being reported, Rivers v. Yazoo, etc.,R. Co-. 90…

1Opinion of the Court

Whitfield, C. J.,

delivered the opiixion of the court.

This case was tried upon the third count of the amended declaration, and it is on this count that the verdict was rendered and the judgment entexud. We think the court below ruled correctly with respect to the statute of limitations. Substantially, the original declaration charged the same matter as tbe third count of the amended declaration. The second count of the orig*565iaal declaration, in substance and judged fairly, was an effort to recover for tbe same cause of action set out in the third count of the amended declaration. But the court…

2Cases cited1 opinion

  1. Illinois Central Railroad v. ElyMississippi Supreme Court · 1903

3Cited by2 opinions

  1. Kroger Grocery & Baking Co. v. HarpoleMississippi Supreme Court · 1936
  2. McKesson & Robbins, Inc. v. CokerMississippi Supreme Court · 1955

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