Fleming v. L. & N. R. R.
Supreme Court of Alabama
New Trial. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. This was an action brought by the appellants against appellee for damages for injury to eight head of mules and horses while in the possession of the defendant as a common carrier and during the transit thereof. There was considerable pleading in the case unnecessary to be here set out.
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New Trial. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. This was an action brought by the appellants against appellee for damages for injury to eight head of mules and horses while in the possession of the defendant as a common carrier and during the transit thereof. There was considerable pleading in the case unnecessary to be here set out. At the conclusion of the testimony, the court instructed the jury that the- plaintiffs were entitled to recover only nominal damages. There was jury and verdict for $265.00 in favor of plaintiff, .and thereafter, defendant filed a…
1Opinion of the CourtAnderson, J.
— The only question we are called upon to determine on this appeal relates to the action of the trial court in granting a new trial. The court charged the jury that plaintiff could only recover nbm-*528inal damages, and the jury, in disregard of the instructions, brought in a verdict for $265, and the trial court properly set the verdict aside. It is essential to an orderly administration of justice that juries should obey the instructions of the court. If the court is in error in giving instructions, the jury should, nevertheless, .obey the instructions, and the injured party would have recourse…
2Cited by27 opinions
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- Parisian Co. v. WilliamsSupreme Court of Alabama · 1919
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Penticost v. MasseySupreme Court of Alabama · 1919
- Lynch v. Snead Architectural Iron WorksCourt of Appeals of Kentucky · 1909
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