Legal Opinion · Dissent

Illinois Central Railroad v. Gwin

Mississippi Supreme Court

Decided January 28, 1963No. 42521Published

1Dissent

Rodgers, J.,

specially dissenting:

I join in Judge Lee’s dissenting opinion for the following reasons: First, I am afraid we are using the amount of the verdict in the case of I. C. R. R. Co., et al. v. Nelson, 245 Miss. 395, 146 So. 2d 69, as a pattern, rather than the formula set out in that case for determining damages. Second, it is obvious to me that the decree of the chancellor is not manifestly wrong*. His decree indicates consideration of the various elements in determining damages to be assessed in a personal injury case, resulting in death. Third, I am concerned that we may be…

2Cases cited2 opinions

  1. Illinois Central Railroad v. NelsonMississippi Supreme Court · 1962
  2. Burton v. RedmondMississippi Supreme Court · 1954

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