Southern Railroad v. Ganong
Mississippi Supreme Court
Appeal from the circuit court of Alcorn county. Hon. Jno. H. Mitchell, Judge. Suit by Mrs. Emma Ganong against the Southern Railway Company. From a judgment for plaintiff defendant appeals. . The facts are stated in the opinion of the court.
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Appeal from the circuit court of Alcorn county. Hon. Jno. H. Mitchell, Judge. Suit by Mrs. Emma Ganong against the Southern Railway Company. From a judgment for plaintiff defendant appeals. . The facts are stated in the opinion of the court. Charge No. 2, given for the appellee, says that if the appellee was injured as a direct result of “such failure and plaintiff was injured in 'whole or in part substantially as set out and alleged by her in her said declaration, then the jury will find for the plaintiff. ’ ’ We are at a loss to know what this charge means when it says, “was injured in…
1Opinion of the CourtAnderson, J.
The appellee, Mrs. Emma Granong, sued the appellant, the Southern Railway Company, for personal injuries, and recovered a judgment, from which appellant prosecutes this appeal.
The giving of instructions Nos. 1, 2, and 3 for appellee is assigned as- error. By these instructions the jury was directed, in substance, to return a verdict in favor of appellee, if the evidence showed she was injured in the manner set out in the declaration. This was error. The jury was entitled to have the law of the case, as given by the court, written out in full in the instructions. To *544require the jury to resort…
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