Max v. Columbus Banking & Insurance Co.

Citations

• 64 Miss. 48

Syllabus

<p>1. Pbactice. Instructions. SefusaJ. of, where two similar.</p> <p>This court will not reverse a case because the lower court grants one instruction and refuses another similar, but slightly different and somewhat njore favorable to the party asking it, if it is manifest that no other result would have been reached had the instruction been given.</p> <p>2. Same. Instruction. Modification of. Case in judgment.</p> <p>A plaintiff asked a certain instruction authorizing a verdict for him in a certain state of case. The court modified it by adding, “ unless the jury believe from the evidence the facts stated in the instructions for the defendant.” The instructions referred to were correct. Held, that the sole effect of this modification was to call the attention of the jury, perhaps unnecessarily, to the defendant’s instructions, but in itself is not sufficient to cause a reversal of the case.</p>