Gilchrist-Fordney Co. v. Price

• Decision Date: 06 November 1916
• Citation: 112 Miss. 20,72 So. 836
• Court: Mississippi Supreme Court
• Parties: GILCHRIST-FORDNEY CO. v. PRICE

72 So. 836

112 Miss. 20

GILCHRIST-FORDNEY CO. v. PRICE

Supreme Court of Mississippi

November 6, 1916

October, 1916

APPEAL from the circuit court of Jasper county, HON. W. H. HUGHES, Judge.

Suit by Mathew Price against the Gilchrist-Fordney Company. From a judgment for plaintiff on peremptory instruction, defendant appeals.

Appellee, plaintiff in the court below, brought an action for damages against the appellant for two thousand dollars for alleged injuries received by him by reason of his coming in contact with a telephone wire of the appellant, which was strung on a line of poles along the right of way of appellant's logging road, and which it is alleged had negligently become suspended across the road at a height of only about six feet, so that the plaintiff, who was riding horseback, came in contact with the wire and received the alleged injuries for which he sued. The court granted a peremptory instruction for the plaintiff, and the jury returned a verdict of eighty dollars. On appeal it is contended that the evidence raises a question of doubt as to whether there was any negligence on the part of the defendant, and in this state of the case the question of liability should have been submitted to the jury.

Judgment reversed, and cause remanded.

Stone Deavours, for appellant.

OPINION

HOLDEN, J.

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.