Coccora v. Vicksburg Light & Traction Co.

Citations

• 126 Miss. 713
• 89 So. 257

Syllabus

<p>1. Appeal and Error. Motion for new trial necessary when assignment of error based solely on objection to amount of verdict.</p> <p>Section 3, rule 6, of the Revised Rules of the supreme gourt (72 So. vii) dispenses with the necessity for a motion for a new trial when the error assigned is based upon any ruling made in the trial court, but, in the absence of error in any ruling of the trial court, this rule does not dispense with the necessity for a motion for a new trial when the assignment of error is based solely upon objection to the amount of the verdict.</p> <p>2. Appeal and Error. Errors affecting damages may be assigned without moving for new trial.</p> <p>Under section 3, rule 6, of the Revised Rules of the supreme court, if there are errors in the instructions, or other rulings of the trial court, which may have reasonably resulted in an award of improper damages, such erroneous rulings and the improper award of damages resulting therefrom may, on appeal, be assigned as error without making a motion for a new trial in the trial court.</p> <p>3.Street Railroads. Automobile pasenger entitled to recover for concurring negligence of motorman and driver.</p> <p>In a suit against a traction company for personal injuries' resulting from a collision between an automobile in which plaintiff was riding as a guest and a street car operated-by the defendant company, where the plaintiff was free of negligence, and the evidence supports the conclusion that plaintiff’s injury was the proximate result of the concurring negligence of the driver of the automobile and the motorman operating the street car, the plaintiff is entitled to recover full compensation for the injuries resulting from the concurring negligence of such driver and motorman.</p> <p>4 Street Railroads. Instruction excluding automobile driver's negligence from damages to guest injured by street car held erroneous.</p> <p>In such case an instruction which excluded from the consideration of the jury all d