Yazoo & Mississippi Valley Railroad v. Rivers

Citations

• 93 Miss. 557
• 46 So. 705

Syllabus

<p>1. Slander. Limitation of actions. Amendment of declaration. LTeto cause of action.</p> <p>The causes of action stated in an original and in an amended declaration for slander are the,same, the original declaration charging the actionable words spoken to have been, “the old -— is stealing and I want him discharged” and the amended one averring that they were, “the oldest foreman on the road was caught stealing;” and the statute of limitation did not run against plaintiff after the beginning of the suit.</p> <p>2. Same. Deposition. Evidence.</p> <p>In an action for slander it was error to admit the deposition of a witness as to what was said in a conversation other than the one on which the suit is based.</p> <p>3. Same. When exclusion of evidence too late to cure error.</p> <p>Where, a deposition, most damaging in its character, was erroneously admitted in an action of slander, the error was not cured by excluding it after it remained with the jury overnight.</p> <p>4. Trial. Remarles of counsel.</p> <p>On a trial for slander against a railroad, it was not reversible error for plaintiffs counsel to state that the railroad had seen fit to employ time checkers who were no more than spies on honest men, and who, if they did not report somebody, would lose their positions.</p>