Tendall v. Davis

Citations

• 129 Miss. 30
• 91 So. 701

Syllabus

<p>1. Negligence. Contributory negligence diminishes damages.</p> <p>Under section 502, Hemingway’s Code (Laws 1910, chapter 135, section 1), the jury must diminish damages in proportion to the contributory negligence of the person injured, and, when it manifestly appears that the jury has failed to do so, the court will not permit the verdict to stand.</p> <p>2. Appeal and Ebeoe. Failure to move for new trial defeats review as to inadequacy.</p> <p>Failure to move for a new trial in the lower court defeats a review here as to inadequacy of damages awarded.</p>