Holmes v. J. Simon & Co.

Citations

• 71 Miss. 245

Syllabus

<p>1. Peremptory Instruction. When improper. Question of fact.</p> <p>When the evidence is sufficient to warrant a verdict for a party in any view of it which may be legally taken, a peremptory instruction in favor of his opponent should not be given. Bailroad Co. v. Boehms, 70 Miss., 11.</p> <p>2. Same. Supreme court. Affect of verdict.</p> <p>It is only where a particular verdict, if rendered, could not be permitted to stand that the court may anticipate the proper result, and peremptorily instruct the jury. That the judges of this court would have found the facts otherwise, is not decisive of the propriety of disturbing a verdict found without any error of the court.</p>