French v. Canton, Aberdeen & Nashville Railroad
Mississippi Supreme Court
From the circuit court of Monroe county. Mrs. French, the appellant, sued the railroad company for the statutory penalty prescribed by § 3561, code 1892, for failing to construct and maintain stock gaps and cattle guards where its track passed through the inclosed land of the plaintiff.
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From the circuit court of Monroe county. Mrs. French, the appellant, sued the railroad company for the statutory penalty prescribed by § 3561, code 1892, for failing to construct and maintain stock gaps and cattle guards where its track passed through the inclosed land of the plaintiff. When the testimony was closed, and when the court was about to pass upon a peremptory instruction asked for by defendant, a controversy arose as to whether any evidence had been offered showing, or tending to show, that the land was inclosed and that plaintiff was the owner. The plaintiff insisted that such…
1Opinion of the CourtW oods, C. J.
If the appellant, before offering to reintroduce the witness, J. W. French, upon the conclusion of the appellee’s evidence, had already produced testimony showing that the land of appellant through which the railroad ran was inclosed land, and that she was interested in such land as the owner, then the peremptory instruction for the appellee should not have been given. If counsel had, for any reason, inadvertently failed to introduce this brief and simple evidence, as the court thought, or if the stenographer’s notes failed to disclose this evidence, though really presented, as appellant’s…
2Cited by3 opinions
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- Carter v. Allstate Indem. Co.Mississippi Supreme Court · 1991
- Scott v. McClintonMississippi Supreme Court · 1952