Rector v. Outzen
Mississippi Supreme Court
From the circuit court of, first district, Coahoma county. Hon. Samuel C. Cook, Judge. Mrs. Rector, appellant, was plaintiff in the eo-urt below; Out-zen and others, co-partners, appellees, were defendants there. From a judgment in defendants’ favor plaintiff appealed to the supreme court.
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From the circuit court of, first district, Coahoma county. Hon. Samuel C. Cook, Judge. Mrs. Rector, appellant, was plaintiff in the eo-urt below; Out-zen and others, co-partners, appellees, were defendants there. From a judgment in defendants’ favor plaintiff appealed to the supreme court. Defendants, under contract with the board of levee commissioners to construct certain levees on or near the east banli of the Mississippi river to prevent overflow, had employed one Jones to deliver a large quantity of cross-ties to them. They had given permission to Jones to cut timber from the levee…
1Opinion of the CourtCalhoon, J.
This was an action for the recovery of the statutory penalty for cutting trees. The jury had the facts and found for the defendants. In order to secure a reversal it must be shown that there was error and that the error was prejudicial. The only matter, we think,‘requiring any attention from us, is the suggestion that by the scope of the instructions for the defendants it appeared that the burden of proof was on the plaintiff throughout to show first the cutting on plaintiff’s land, and then to show also that it was done wilfully or with culpable negligence in not ascertaining the boundaries…
2Cases cited1 opinion
- Therrell v. EllisMississippi Supreme Court · 1903
3Cited by4 opinions
- Mitcham v. Illinois Cent. Gulf R. Co.Mississippi Supreme Court · 1987
- Jones v. StateMississippi Supreme Court · 1913
- Mississippi State Highway Department v. MeadorMississippi Supreme Court · 1939
- Walter Lee Taylor v. Lucille S. GallowayCourt of Appeals of Mississippi · 2016