Kansas City, Memphis & Birmingham Railroad v. Cantrell

Citations

• 70 Miss. 329

Syllabus

<p>1. Verdict. Supported by evidence. When not set aside.</p> <p>If a verdict is supported by evidence, and the court cannot say the jury was unwarranted in reaching a conclusion, it will not be disturbed, although a finding for the opposite party would have been more satisfactory to the court.</p> <p>2. Practice. Usee in action ex delicto. Irregularity.</p> <p>An action of damages against a railroad company for killing animals on its track, being ex delicto, should not be brought in the name of one for the use of another. And in an action so brought a recovery against the defendant will not be disturbed for want of proof that the usee had an interest in the suit. ' His connection with the case will be disregarded in passing upon the correctness of the verdict.</p>