Archer v. Sinclair

Citations

• 49 Miss. 343

Syllabus

<p>1. Bsstbuctions. — Rule in Regabd to Gbantino_The rule which has been sanctioned in this court is, that in order that the circuit court may fairly and clearly present the law arising upon the evidence, it may decline to give the charges propounded hy the parties, but may modify-them or may reduce to writing its own conception of the law, upon the points embraced in the charges asked and which are pertinent to the case.</p> <p>2. Same — Duty of the Coukt. — Under our system, the court cannot instruct ma sponte. If the charges .as asked, are correct and pertinent, the safe practice would be to give them as propounded, upon the judge rests the responsibility of a correct statement of the law. He should not permit the jury to be confounded, or misled hy the language in which instructions are couched. Evans case, 44 Miss. R., 774.</p> <p>3. Susie — Ebeoneous.—The instruction given by the court in lieu of the instructions asked by plaintiff was erroneous, because it is vague and indefinite m defining the measure of care and prudence to be exercised, and the degree of negligence that is culpable.</p> <p>4. Bailees — Rule as to liabilities of Whabfingebs. — The rule upon this subject is, that this sort of bailee must employ that diligence and care, which persons of ordinary care and prudence bestow upon their own like business, Cowles & McSwayne v. Pointer, 26 Miss. Rep., 256. If negligence or misconduct can be imputed to an agent, as a shipper of goods, for a commission, he is responsible for the loss consequent upon his misconduct. Thompson v. Given, 46 Miss. Rep., 534. Such persons are not held to that high degree of responsibility, which makes them insurers against loss or damage.</p>