Covington County v. Fite

Citations

• 120 Miss. 421
• 82 So. 308

Syllabus

<p>1. Animals. Injury to live stock from dipping. Liability of county. Evidence. Conclusive proof. '</p> <p>The legislature in conferring or creating a new right of action against ¡a, county, has the power to prescribe the condition upon which the right should be exercised, adjudicated and en- ■ forced.</p> <p>2. Same.</p> <p>In a suit under Acts, Extra Sess. 1917, chapter 38, against a county for injury to cattle 'resulting from dipping for the eradication of cattle tides, a higher degree of proof than by a preponderance of the evidence is required, “conclusive proof,” as used in section 2.of said act is equivalent to the expression “to a moral certainty” or “beyond a reasonable doubt.”</p> <p>3. Same.</p> <p>“Conclusive evidence” is that which is incontrovertible or that from which only one reasonable conclusion can be drawn taking all the facts and surroundings into consideration.</p>