Yazoo & Mississippi Valley Railroad v. Hubbard
Mississippi Supreme Court
From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Mrs. Hubbard, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below. From a judgment for $650 and costs in plaintiff’s favor the defendant appealed to the supreme court.
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From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Mrs. Hubbard, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below. From a judgment for $650 and costs in plaintiff’s favor the defendant appealed to the supreme court. The verdjct was for $750, but the court below required a remittitur of $100. The suit was for the statutory penalty (Code 1892, § 3561) for not maintaining a sufficient cattle guard, and also for damages to crops resulting from the depredations of cattle which entered plaintiff’s inclosed fields…
1Opinion of the CourtTruly, J.
■ The granting of the peremptory instruction to award, the statutory penalty for failure to maintain a necessary and proper cattle guard was correct. The contention mainly relied on by appellant is that there was no specific proof of actual damage sufficiently definite to warrant a jury in returning a verdict in any amount. The witness Hubbard testified that twelve acres of corn had been twice completely destroyed — once when the Crop was growing, again after the corn was matured; that he estimated the loss in bushels at five hundred; that the crop of cotton had been damaged to the extent of…
2Cited by2 opinions
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