Anderson v. Cumberland Telephone & Telegraph Co.
Mississippi Supreme Court
From the circuit court of Madison county. Hon. David M. Miller., Judge. Mrs. Anderson, the appellant, was plaintiff, and the telephone company, the appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The Cumberland Telephone and Telegraph Company maintained an exchange office at Canton, and had a local manager there, one George B. Potter.
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From the circuit court of Madison county. Hon. David M. Miller., Judge. Mrs. Anderson, the appellant, was plaintiff, and the telephone company, the appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The Cumberland Telephone and Telegraph Company maintained an exchange office at Canton, and had a local manager there, one George B. Potter. Edward Anderson was employed by said company as a messenger boy there, and was about fourteen years old. He was requested by Potter to assist a lineman to string some wires, and while so…
1Opinion of the CourtCos, J.
A motion to exclude the evidence and instruct for defendant is analogous to a demurrer to the evidence, and in the main is governed by the same rules. It admits the truth of all the evidence for the plaintiff. It admits all the facts which the evidence for plaintiff tends to prove, or of which there is any evidence, however slight, and all inferences favorable to plaintiff which can logically and reasonably be drawn from the evidence.' It waives all the evidence for the defendant which is contradictory to that of the other party, all his evidence the credit of which is impeached, and all…
2Cited by9 opinions
- Southern Bell Telephone & Telegraph Co. v. QuickMississippi Supreme Court · 1933
- RAWLINGS v. RoyalsMississippi Supreme Court · 1952
- Woods v. StateMississippi Supreme Court · 1939
- Meridian Hatcheries, Inc. v. TroutmanMississippi Supreme Court · 1957
- Killings v. Metropolitan Life Ins.Mississippi Supreme Court · 1940
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