Legal Opinion

Yazoo & M. V. R. v. Boone

Mississippi Supreme Court

Decided October 15, 1916PublishedCited by 5 opinions

Appeal from the circuit court of Bolivar county. Hon. W. D. Ctjtreb,, Special Judge. Suit by Mrs. M. E. Boone against the Yazoo & Mississippi Valley - Bailroad Company. From a judgment for plaintiff, defendant appeals. The appellee was plaintiff in the court below, and appellant was defendant in a suit for damages.

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Appeal from the circuit court of Bolivar county. Hon. W. D. Ctjtreb,, Special Judge. Suit by Mrs. M. E. Boone against the Yazoo & Mississippi Valley - Bailroad Company. From a judgment for plaintiff, defendant appeals. The appellee was plaintiff in the court below, and appellant was defendant in a suit for damages. The declaration alleges that the plaintiff purchased a ticket at Hot Springs, Ark., to Boyle, Miss., and that at Memphis, Tenn., she boarded the appellant’s line with transportation to Boyle, and that when she arrived at Mound Bayou, a station some distance north of Boyle, the…

1Opinion of the CourtHolden, J.

Amongst the errors complained of by the appellant here is the refusal by the lower court to grant the following instruction asked by the defendant:

“The court instructs the jury for the defendant that the plaintiff in this case is not entitled to recover any damages because of the polypus developing in her nose.”

The testimony in the case shows that the appellee, Mrs. Boone, was caught in a rain on an August evening, while traveling about two miles, and although she had an. umbrella, and her male relatives were with her, she claims to have gotten wet and had to change clothes on account of it.…

2Cited by5 opinions

  1. Kramer Service, Inc. v. WilkinsMississippi Supreme Court · 1939
  2. Dennis v. PrisockMississippi Supreme Court · 1969
  3. F. W. Woolworth Co. v. VolkingMississippi Supreme Court · 1924
  4. Hawkins v. StringerMississippi Supreme Court · 1949
  5. F.W. Woolworth Co., Inc. v. HaynieMississippi Supreme Court · 1936

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