Batson-McGehee Co. v. Smith

Citations

• 134 Miss. 222
• 98 So. 534
• 1924 Miss. LEXIS 248

Syllabus

<p>Trespass. Plaintiff need not elect between count for statutory penalty for trespass and count for actual value; judgment not reversed for error in requiring election between counts where instruction was proper.</p> <p>In an action for trespass under section 3246, Hemingway’s Code (Section 4977, Code of 1906), the plaintiff may declare for the statutory penalty in one count, and for actual value in another, and may not be required to- elect on which he will go to the jury, being entitled to submit the case on both counts; but if the court erroneously requires the plaintiff to elect, and he does elect on the count for the penalty, and under such count the court instructs the jury that they may find for either the statutory penalty or the actual value of the trees, but not both, and the jury finds for the actual value and against the statutory penalty, this court will not reverse.</p>