French v. Canton, Aberdeen & Nashville Railroad

Citations

• 74 Miss. 542

Syllabus

<p>Peremptory Instruction. Material evidence.</p> <p>A peremptory instruction for defendant ought not to be given at the close of the evidence because of the omission by plaintiff to prove material averments of the declaration, where the plaintiff contends that such facts were proved, and offers, if mistaken, to reintroduce a witness to establish them.</p>