Vicksburg, Shreveport & Pacific Railroad v. Lawrence

Citations

• 78 Miss. 86

Syllabus

<p>1. Cabbiebs. Breach of contracts. Peremptory instruction. Damages.</p> <p>In an action against a railroad company lor breach of several contracts of carriag-e, a peremptory instruction to find for the plaintiff as to.the first count of the declaration, based on one of the contracts, is erroneous if it direct the jury to award, on said count, the full sum demanded therein, when the evidence does not conclusively show the plaintiff to be entitled to so large a sum.</p> <p>2. Same. Remittitur. Supreme covirt practice.</p> <p>Such an instruction will not, however, warrant a reversal of the judgment recovered on the entire declaration, it being otherwise correct, if the appellee enter a remittitur of the sum demanded in the first count.</p> <p>3. Same. Code 1893, §4860. Damages in case of affirmance. Costs.</p> <p>In case of the affirmance of a judgment by the supreme court, upon remittitur of a part thereof, the appellee is not entitled to recover the five per centum damag’es provided for in code 1892, § 4360, and, ■in such case, the supreme court will, in its discretion, apportion the costs of the appeal.</p>