Gulf & Ship Island Railroad v. Nelson
Mississippi Supreme Court
Prom the circuit court of, first district, Hinds county. Hon. Robert Powell, Judge. Nelson, appellee, was plaintiff in the court below ; the railroad company, appellant, was defendant there. Prom a judgment for $500- in plaintiff’s favor, the defendant appealed to the supreme court. On the trial plaintiff testified that he was kicked off a passenger train running about thirty-five miles an hour by the porter of the train, and was badly injured thereby.
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Prom the circuit court of, first district, Hinds county. Hon. Robert Powell, Judge. Nelson, appellee, was plaintiff in the court below ; the railroad company, appellant, was defendant there. Prom a judgment for $500- in plaintiff’s favor, the defendant appealed to the supreme court. On the trial plaintiff testified that he was kicked off a passenger train running about thirty-five miles an hour by the porter of the train, and was badly injured thereby. Defendant’s testimony tended to show that plaintiff was stealing a ride on the train, and when discovered he attempted to get off, fell and…
1Opinion of the CourtCalhoon, J.
It is overnervousness to see danger to the defendant in an instruction to the jury, in a personal injury case, that if they found for the plaintiff, they might assess such damages as they believed from the evidence he suffered, not to ■exceed the amount claimed in his declaration. There was ng .error in giving the instruction.
Affirmed.
2Cited by2 opinions
- Alabama & V. Ry. Co. v. DennisMississippi Supreme Court · 1922
- Wells v. BranscomeMississippi Supreme Court · 1954