Ross v. Natchez, Jackson & Columbus Railroad

Citations

• 61 Miss. 12

Syllabus

<p>3. Jurisdiction. Justice of the Peace. Amount in controversy. Tlie test of the jurisdiction of the Justice’s Court in an action for the value of property is the sum sued for, unless the court or jury is satisfied that the amount has been intentionally diminished for the purpose of giving the court jurisdiction. Penn v. Harrington, 54 Miss. 733, followed.</p> <p>2. Same. Instructions. Verdict. It is erroneous to charge the jury that if they believe the property worth more than one hundred and fifty dollars, they shouldfind for the defendant; for an honest mistake by the plaintiff as to its value will not defeat the .action, but the verdict must be limited to one hundred and fifty dollars and interest.</p> <p>3. Eailroad. Killing animals. Evidence. In an action against a railroad company for the value of a mule killed by its train, after the engineer has testified for the defendant, that the animal was so close when seen that the engine could not be stopped, testimony is admissible, in rebuttal, to show evidences that it ran some distance along the road bed before it was struck.</p>