Wooten v. Mobile & Ohio Railroad

89 Miss. 322

Opinion

Whitfield, C. J.,

delivered tbe opinion of tbe court.

Tbe action of tbe court in admitting tbe interchange of records, tbe private records kept by a private corporation, was manifestly erroneous. Chicago R. R. Co. v. Provine, 61 Miss., 288. But, with this evidence excluded, there remains nothing to support a verdict for plaintiff. It would have been tbe duty of tbe court, if it had submitted this case to a jury on the evidence offered by the plaintiff, and the jury had rendered a verdict for the plaintiff, to have set that verdict aside, and this is the best test as to whether a peremptory instruction could have been given for the defendant.

Affirmed.