Anderson v. Cumberland Telephone & Telegraph Co.

Citations

• 86 Miss. 341

Syllabus

<p>1. Evidence. Exclusion of. Peremptory instruction.</p> <p>A modern, to exclude tbe evidence and instruct • for defendant should be sustained only where a verdict for plaintiff, if one were .rendered, would have to be set aside as unwarranted.</p> <p>2. Same. Concrete case.</p> <p>The questions of negligence and contributory negligence in this case, an action for the averred wrongful death of an inexperienced boy, examined under the evidence and the conclusion reached that the case should have been submitted to a jury.</p> <p>3. Witnesses. Discreditimg. Right of jury to disbelieve.</p> <p>The jury are authorized to believe a witness 'guilty of deliberate and willful false swearing where, after the occurrence from which the suit arose, he made a written statement of the facts of the case for defendant, not including an incident which he testified to, and his testimony as to where a person was at the time was in irreconcilable conflict with that of other witnesses.</p> <p>4. Same. Failure to introduce. Presumption.</p> <p>Failure of a party to introduce a witness who can be had, and who is presumed to be friendly, and who knows exculpatory facts, if any one does, raises a presumption that such facts do not exist.</p>