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· 3/15/1909

Cumberland Telelphone & Telegraph Co. v. Jackson

Citations

  • 95 Miss. 79
  • 48 So. 614

Syllabus

<p>Damages. Instructions. Verdict. “AnaHety.” Harmless error.</p> <p>In a case in wbicb punitive damages were not recoverable the judgment will not be reversed because a plaintiff’s instruction allowed an award of “such damages as would compensate plaintiff for necessary inconvenience, anxiety and worry,” although the use of the word “anxiety” was erroneous as permitting damages for mental anguish, where by a defendant’s instruction the jury was limited to actual damages and the amount of the verdict shows that damages for mental suffering were not ' awarded.</p> <p>2. Supreme Court Practice. Technical error.</p> <p>The function of the supreme court is to determine whether the the right result was reached below without reversible error, and it will not make a hypercritical search for technical error in order to reverse.</p>

Judges: Whiteield

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