New Orleans & Northeastern Railroad v. Thornton

ETHRIDGE, Chief Justice:

This is an action under the wrongful death statute. Miss.Code Ann. § 1453 (1964 Supp.). The jury rendered a verdict of $150,000 for plaintiffs-appellees, and defendants-appellants seek review of the judgment by the Circuit Court of Jones County, Second District.

The issues are (1) whether a peremptory instruction “on liability,” in the light of all instructions adequately directed the jury to consider whether the death of Mrs. Jane Thornton was a proximate result of defendants’ negligence; (2) whether the jury was warranted in finding that the trauma to her left breast…