Home/Mississippi Supreme Court/Sardis & Delta Railroad v. McCoy

Sardis & Delta Railroad v. McCoy

37 So. 706, 85 Miss. 391
CourtMississippi Supreme Court
DecidedNovember 15, 1904
StatusPublished
Cited by9 cases

This text of 37 So. 706 (Sardis & Delta Railroad v. McCoy) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sardis & Delta Railroad v. McCoy, 37 So. 706, 85 Miss. 391 (Mich. 1904).

Opinion

Truly, J.,

delivered the opinion of the court.

This is a very close case on the facts, so close that the error of law in granting the second instruction for the plaintiff is fatal. We again announce that, where jurors are instructed as to their right to reject the testimony of witnesses on the ground that they have sworn falsely to any part of their testimony, the instruction should always contain the limitation that such false swearing was “willfully, knowingly, and corruptly” done. The instruction under review does not contain this necessary qualification.

Reversed and remanded.

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Cite This Page — Counsel Stack

Bluebook (online)
37 So. 706, 85 Miss. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sardis-delta-railroad-v-mccoy-miss-1904.