Yazoo & Miss. Valley Railroad v. Williams

Citations

• 67 Miss. 18

Syllabus

<p>1. Supreme Court Practice. Instruction destroyed by party obtaining it.</p> <p>Where on the trial of a cause counsel for one of the parties asks an instruction which is refused, the court giving one in lieu which is destroyed by such counsel, on appeal by this party, the supreme court not having before it the substituted one, will dispose of the case as if the refused instruction had not been asked.</p> <p>2. Verdict. Railroads. Injury to animals on trach.</p> <p>On appeal, after motion for a new trial overruled in the court below, a verdict against a railroad company for injury to animals on the track, though its correctness is doubted, will not be disturbed if the controverted question of fact as to negligence has been submitted to the jury on proper instructions, and the finding is not without evidence to support it.</p>