Day v. Hamilton

Appellee, J. R. Hamilton, sued Clarence Day, Jr. in the Circuit Court of Monroe County for damages resulting from an alleged wrongful trespass upon Hamilton’s land. The action was not for statutory damages under Miss. Code 1942, Secs. 1074-1087 but for the trespass upon plaintiff’s property, and actual and punitive damages resulting from it. The jury rendered a verdict for Hamilton for $1,000, and from the judgment thereon this appeal was taken.

Since the case must be reversed and remanded, because of an erroneous instruction on damages, we will not outline the facts as reflected by the…