Alabama & Vicksburg Railway Co. v. Coleman

Citations

• 78 Miss. 182

Syllabus

<p>1. Witnesses. Personal knowledge. Refreshing memory. Memoranda. Evidence.</p> <p>In order to render proper the examination and use of a memorandum by a witness, to refresh his memory, and to testify therefrom, it must appear — •</p> <p>(a) That the witness onee had knowledge of the event;</p> <p>{h) That it was made by the witness or by his direction; and,</p> <p>(e) That the memorandum was made at the time of the occurrence of the event to which it relates.</p> <p>2. Judgments. Excessme. Absence of proof.</p> <p>A judgment for the full sum demanded in a declaration on an itemized statement of losses, occuring at various times by the negligence of a carrier in transporting different shipments of-live stock, is excessive if there be an absence of evidence to sustain some of the items.</p>