Mississippi Eastern Railway Co. v. Wymond Cooperage Co.

Citations

• 93 Miss. 73
• 46 So. 557

Syllabus

<p>1. Jury Trial. New trial. Passion or prejudice of jurors.</p> <p>In an action for damages against a railroad company for the destruction of property by fire negligently allowed to escape from defendant’s locomotive, the return by the jury of a verdict in these words, “We the jury find the defendant guilty as charged,” does not, of itself, evidence that the jury was prompted by malice or prejudice.</p> <p>2. Constitutional Law. Courts. Supreme court. Original and appellate jurisdiction. New trials. Excessive v.erdicts. Remittiturs. ■ Code 1906, § 4910.</p> <p>Code 1906, § 4910, purporting to deprive the circuit courts of power to grant defendants new trials for excessive verdicts and to authorize the supreme court alone to require remittiturs, is unconstitutional. Yazoo, etc., R. R. Co. v. 'Wallace, 90 Miss., 609, 43 South., 469.</p>