Ennis v. Yazoo & M. V. R.

Citations

• 118 Miss. 509
• 79 So. 73

Syllabus

<p>1. Master and Servant. Wrongful death of servant. Punitive damages.</p> <p>Where an employee in a railroad shop was electrocuted while holding a defective electric light attached to a cord, and it was shown that the light was defective and had been for at least a week, and that it had shocked another employee six or eight different times, and that the dangerous condition had been reported to the officers in charge of the work and employees in the shop, and that they, notwithstanding this notice, continued to negligently and wantonly furnish the dangerous and defective electric apparatus to the employees until the death of deceased was brought about by its use, in such case, it was not error to instruct that punitive damages might be ■ allowed.</p> <p>2. New Trial. Grounds. Newly discovered evidence.</p> <p>The settled law in this state with reference to the granting of new trials on newly discovered evidence, -is that when the newly discovered evidence merely goes to discredit or impeach an adverse witness who testified in the trial, it is not, as a general rule, good ground for a new trial, as the only effect of such evidence would be to contradict or impeach the credibility of such witness.</p> <p>3. New Trial. Grounds. Surprise.</p> <p>Surprise because of the adverse party’s evidence is not good ground for granting a new trial.</p>