Legal Opinion

Yazoo & Mississippi Valley Railroad v. Wallace

Mississippi Supreme Court

Decided March 15, 1907PublishedCited by 21 opinions

From the circuit court of Yazoo county. Hon. David M. Miller, Judge. Wallace, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a j’udgment in plaintiff’s favor, defendant appealed to the supreme court.

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From the circuit court of Yazoo county. Hon. David M. Miller, Judge. Wallace, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a j’udgment in plaintiff’s favor, defendant appealed to the supreme court. The plaintiff, Wallace, while in the discharge of his duty as a brakeman of the defendant railroad company, was riding upon the pilot of a gravel train, the engine of which, in the temporary absence of the engineer, was being operated by the fireman.' The engine and train were approaching a railroad crossing which had been recently repaired,…

1Opinion of the CourtCali-ioon, J.

One of the grounds of the motion for a new trial is that the verdict was excessive. In. overruling it the circuit court said: “The verdict was large, and doubtless too large to stand; but, under § 4910 of the Code of 1906, it had no power to interfere with the amount of the verdict.” This, we think, was very clearly a ruling that that section is constitutional and within the power of legislative enactment. If this be not absolutely true, and we think it is, it must then be certain that the circuit court refused to adjudicate that ground of the motion. In this event the result of our…

2Cases cited1 opinion

  1. Illinois Central Railroad v. AbramsMississippi Supreme Court · 1904

3Cited by21 opinions

  1. Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
  2. In Re Petition for Writ of ProhibitionCourt of Appeals of Maryland · 1988
  3. Ruff v. Georgia, Southern & Florida Railway Co.Supreme Court of Florida · 1914
  4. Lisa Learmonth v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 2013
  5. Yazoo & M. V. R. v. ScottMississippi Supreme Court · 1914

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