Illinois Central Railroad v. Minor

Citations

• 69 Miss. 710

Syllabus

<p>1. Appeax,. Third new trial. Special bill of exceptions necessary.</p> <p>A party having secured two new trials, cannot appeal on a general bill’ of exceptions taken on a motion for a third new trial, but only on special bills of exceptions taken during the progress of the trial. Strickland v. Hudson, 55 Miss., 235; Bovjers v. Ross, lb., 213.</p> <p>2. Railroads. Assault by fellow-passenger. Liability of carrier.</p> <p>Where a railroad company negligently fails in its duty to preserve order and protect a peaceable passenger on one of its trains against riotous and disorderly fellow-passengers, and such passenger is wounded by the careless discharge of a pistol in the hands of one of the turbulent fellow-passengers, it is liable for the injury. The case of Railroad Company v. Burke, 53 Miss., 200, is again examined, and, under the doctrine of stare decisis, the rule there announced is left undisturbed. v</p> <p>3. Supreme Court. Objections not made on the trial. New issues.</p> <p>In such case, the action of the court in refusing a peremptory instruction for the defendant will not be reviewed in this court, on the theory that the evidence showed that plaintiff voluntarily and unnecessarily assumed a position of great danger, if no such question was submitted to the court below or tried by the jury.</p> <p>4. Damages. Limiting verdict by instructions. Province of the jury.</p> <p>Although, in an action for damages, a circuit court has set aside two former verdicts as excessive, it cannot refuse, on the third trial, to instruct the jury that it is the sole judge of the amount of damages to be assessed under the evidence. The court has no power by instructions to limit the jury to the amount of the former verdicts, or to an amount it may deem adequate.</p> <p>5. Instruction. Should not be. abstract.</p> <p>Instructions announcing mere abstract propositions of law, and containing no sort of reference to the case, are objectionable.</p> <p>O. Railroads. Protection of