Mardis v. Yazoo & M. V. R.

Citations

• 115 Miss. 734
• 76 So. 640

Syllabus

<p>1. Appeal and Error. Scope of review. Conflicting evidence.</p> <p>Where there is a distinct conflict in the evidence which might well have been resolved either way, the verdict of a jury will not be disturbed on appeal, unless the jury were improperly instructed as to the law of the case.</p> <p>2. Trial. Instructions. Preponderance of evidence.</p> <p>Where in a suit by a property owner for damages by fire alleged to have been caused by sparks from defendant’s locomotives, the evidence would have warranted a finding for either party, it was error for the court to instruct the jury to find for the defendant, if the evidence left them in doubt and uncertain as to the cause of the fire, or whether the fire was caused by defendant’s locomotive or some other person.</p>