Town of Newton v. Wilson
Mississippi Supreme Court
Appeal from circuit court of Newton county. Hon. A. J. McLatjrin,, Judge. Action by A. B. Wilson against the Town of Newton. Judgment for plaintiff, and defendant appeals. The court erred in granting instruction No. 1, at the request of the plaintiff.
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Appeal from circuit court of Newton county. Hon. A. J. McLatjrin,, Judge. Action by A. B. Wilson against the Town of Newton. Judgment for plaintiff, and defendant appeals. The court erred in granting instruction No. 1, at the request of the plaintiff. The instruction is in the following words: “The court instructs the jury to find for plaintiff actual damages and the court further instructs you that if you believe from the evidence, that the conduct of defendant’s agents and employees was malicious, wanton, wilful or grossly negligent, then you may assess punitive damages;, that is, damages…
1Opinion of the Court
Holden,, J.,
delivered the opinion of the court.
This is an appeal from a judgment for two hundred and fifty dollars in favor of the appellee, Wilson, against the appellant, town of Newton, as damages for wrongfully cutting off appellee’s water supply.
On the trial of the case it was shown by the plaintiff that the town of Newton was furnishing his water supply from its water-works plant, and that appellee, as a subscriber for water, had paid the town the amount due for furnishing the water, and that an agent of the town cut the water off without any cause, and thereby inconvenienced and damaged…
2Cases cited1 opinion
- City of Chicago v. MartinIllinois Supreme Court · 1868
3Cited by6 opinions
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- Chappell v. City of SpringfieldSupreme Court of Missouri · 1968
- Desforge v. City of West St. PaulSupreme Court of Minnesota · 1950
- URBAN RENEWAL AG. OF CITY OF ABERDEEN v. TackettMississippi Supreme Court · 1971
- Ferguson v. Joliet Mass Transit DistrictDistrict Court, N.D. Illinois · 1981
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