Gilchrist-Fordney Co. v. Price

Mississippi Supreme Court

Gilchrist-Fordney Co. v. Price

72 So. 836, 112 Miss. 20

Mississippi Supreme Court·Decided October 15, 1916·Published

Opinion

Holdeu, J.,

delivered the opinion of the court.

The evidence in the lower court, as disclosed by the record in this case, presented a question of fact as to whether or not the appellant was guilty of negligence, and this question of fact should have been submitted to the jury for their determination. Therefore the peremptory instruction granted to the appellee by the court below, instructing the jury to find for the plaintiff, was error.

The judgment of the lower court is reversed, and the cause remanded.

Reversed and remanded.

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Holdeu, J.,

delivered the opinion of the court.

The evidence in the lower court, as disclosed by the record in this case, presented a question of fact as to whether or not the appellant was guilty of negligence, and this question of fact should have been submitted to the jury for their determination. Therefore the peremptory instruction granted to the appellee by the court below, instructing the jury to find for the plaintiff, was error.

The judgment of the lower court is reversed, and the cause remanded.

Reversed and remanded.

Gilchrist-Fordney Co. v. Price, 72 So. 836, 112 Miss. 20 (Mich. 1916).

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