Yazoo & Mississippi Valley Railroad v. Wallace

Citations

• 90 Miss. 609
• 43 So. 469

Syllabus

<p>1. Constitutional Law. Courts. Supreme court. Original and appellate jurisdiction. New trials. Excessive verdicts. Remittiturs. Code 1906, § 4910.</p> <p>Code 1906, § 4910, purporting to deprive the circuit courts of power to grant defendants new trials for excessive verdicts and to authorize the supreme court alone to require remittiturs, is unconstitutional:—</p> <p>(а) It denies a defendant the right to have a complete disposition of his case in a forum provided by the organic law for the administration of justice to all; and •</p> <p>(б) It undertakes to confer original jurisdiction on the supreme court to which under the constitution appellate jurisdiction alone belongs.</p> <p>2. Railroads. Constitution 1890, sec. 193. Pleadings. Misjoinder of causes of action.</p> <p>In a suit against a railroad corporation a common law cause of action for the company’s negligence in failing to furnish a safe road bed and machinery cannot be joined in the same count of a declaration with a cause of action arising from the negligence of plaintiff’s fellow servants, under Constitution 1890, sec. 193, since they are inconsistent.</p>