Gulf & Ship Island Railroad v. Boswell
Mississippi Supreme Court
From the circuit court of Simpson county. Hon. John R. Enochs, Judge. Boswell, the appellee, was plaintiff, and the railroad company, appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed ,to the supreme court.
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From the circuit court of Simpson county. Hon. John R. Enochs, Judge. Boswell, the appellee, was plaintiff, and the railroad company, appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed ,to the supreme court. The declaration alleges that “plaintiff was rightfully on one of defendant’s detached freight cars by invitation and permission of defendant, removing and unloading some lumber from said car, which was then on defendant’s side track in the town of Mendenhall, where it had been placed by defendant for the purpose of enabling plaintiff…
1Opinion of the Court
Truly, J.,
delivered tbe opinion of tbe court.
Under tbe facts of this record as disclosed by tbe original papers we think tbe contention of appellee tbat we should not consider tbe assignment of error based upon tbe action of tbe court in granting and refusing instructions because tbe instructions are not marked and filed in conformity witb tbe statute, nor embodied in a special bill of exceptions, is unsound. Tbe original papers show tbat tbe instructions were in some manner so marked as to show tbat they were acted upon by tbe court and filed by tbe clerk. We think tbe argument tbat each…
2Cases cited1 opinion
- Swann v. WestMississippi Supreme Court · 1866
3Cited by4 opinions
- Williams v. LumpkinMississippi Supreme Court · 1934
- Home Ins. Co. v. DahmerMississippi Supreme Court · 1933
- Evans v. Jackson City Lines, Inc.Mississippi Supreme Court · 1952
- Hinton v. StateMississippi Supreme Court · 1922