Fleming & Hines v. Louisville & N.R. Co.

• Decision Date: 10 May 1906
• Citation: 41 So. 683,148 Ala. 527
• Parties: FLEMING & HINES v. LOUISVILLE & N. R. CO.
• Court: Alabama Supreme Court

41 So. 683

148 Ala. 527

FLEMING & HINES v. LOUISVILLE & N. R. CO.

Supreme Court of Alabama

May 10, 1906

Rehearing Denied July 6, 1906.

Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge.

"To be officially reported."

Action by Fleming & Hines against the Louisville & Nashville Railroad Company for injury to a live stock shipment. From an order granting defendant a new trial, plaintiffs appeal. Affirmed.

R. W. Stoutz, for appellants.

Gregory L. Smith and Joel W. Goldsby, for appellee.

ANDERSON, J.

The only question we are called upon to determine on this appeal relates to the action of the trial court in granting a new trial. The court charged the jury that plaintiff could only recover nominal damages, and the jury, in disregard of the instructions, brought in a verdict for $265, and the trial court properly set the verdict aside. It is essential to an orderly administration of justice that juries should obey the instructions of the court. If the court is in error in giving instructions, the jury should, nevertheless, obey the instructions, and the injured party would have recourse by appeal to this court, which is the proper forum to pass upon the actions of the trial court.

Affirmed.

WEAKLEY, C.J., and TYSON and SIMPSON, JJ., concur.