Gulf M. & N. R. v. Dossett

Citations

• 118 Miss. 327
• 79 So. 179

Syllabus

<p>Appeai and Error. Disposition.</p> <p>Where two of the supreme judges are of the opinion that the court below committed no error in granting a peremptory instruction requested by appellee and therefore that its judgment shall be affirmed, and one judge is of the opinion that the court below committed no error in refusing a peremptory instruction requested by appellant, but that the peremptory instruction requested by appellee should have been refused, and the question of liability submitted to the jury, and three of the judges are of the opinion that the court below erred in refusing appellant’s request for a peremptory instruction, and for that reason it also erred in granting the peremptory instruction requested by appellee, and four of the judges therefore, are of the opinion that appellee’s request for a peremptory instructions should have been refused. In such case the judgment of the court below will be reversed and the cause remanded.</p>