Southern Railroad v. Kendrick
Mississippi Supreme Court
EbeoR to tbe Circuit Court of Newton county. Hon. John Watts, judge. Tbe third, fourth, sixth, and seventh instructions given for the defendant in error, and referred to in the opinion of the court, are as follows: Third instruction.
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EbeoR to tbe Circuit Court of Newton county. Hon. John Watts, judge. Tbe third, fourth, sixth, and seventh instructions given for the defendant in error, and referred to in the opinion of the court, are as follows: Third instruction. “ The law has not' intrusted the court with a discretion to estimate damages, but has devolved the power on a jury, as a matter of sentiment and feeling, to be exercised by them according to their sound discretion, duly weighing all the circumstances of the case, and considering the state, degree, quality, trade or profession of the party injured, as of him who…
1Opinion of the Court
Handy, C. J.,
delivered tbe opinion of the court.
This action was brought by the defendants in error, to recover damages sustained by the wife, by reason of the negligence of the conductor of the railroad train from Meridian to Newton station, in not stopping the train at that station, for which Mrs. Kendrick had purchased a ticket as a passenger, and in failing to give her notice when the train reached there; in consequence of which she was carried about two miles past that place, and the conductor, refusing to take the train back to the station, put her off at the place to which the train had…
2Cases cited3 opinions
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
3Cited by43 opinions
- Fowler Butane Gas Co. v. VarnerMississippi Supreme Court · 1962
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- Poyner v. GilmoreMississippi Supreme Court · 1935
- US FIDELITY & GUAR. COMPANY v. Estate of FrancisMississippi Supreme Court · 2002
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
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