Leake v. Gulf & Ship Island Railroad

Mississippi Supreme Court

Leake v. Gulf & Ship Island Railroad

46 So. 68, 91 Miss. 398

Mississippi Supreme Court·Decided October 15, 1907·Published

Opinion

Whitfield, C. J.,

delivered the opinion of the court.

It was manifest error on the part of the court below to give the peremptory instruction. The question as to whether any miscreant did misplace the switch, as well as the other questions involved should have been determined by the jury on the testi[407]*407mony. See, for the principle controlling the matter, the very accurate note to Robertson v. Dodge, 81 Am. Dec., at pages 268-270.

Reversed and remanded.

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Whitfield, C. J.,

delivered the opinion of the court.

It was manifest error on the part of the court below to give the peremptory instruction. The question as to whether any miscreant did misplace the switch, as well as the other questions involved should have been determined by the jury on the testi[407]*407mony. See, for the principle controlling the matter, the very accurate note to Robertson v. Dodge, 81 Am. Dec., at pages 268-270.

Reversed and remanded.

Leake v. Gulf & Ship Island Railroad, 46 So. 68, 91 Miss. 398 (Mich. 1907).

Pincite

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