Jones v. Knotts

Citation110 Miss. 590,70 So. 701
CourtUnited States State Supreme Court of Mississippi
Decision Date14 February 1916
PartiesJONES v. KNOTTS

October, 1915

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

Suit by L. J. Jones against H. J. Knotts and others. From a judgment on peremptory instruction for defendants, plaintiff appeals.

Plaintiff brought suit in the circuit court against defendants for damages alleged to have been done to his land by surface water diverted onto it from the land of defendants by a ditch dug by defendants. After the testimony was in, the court gave a peremptory instruction for defendants.

Case reversed and remanded.

H. L. Austin and J. C. Ward, for appellant.

Thigpen & Huddleston, for appellee.

OPINION

HOLDEN, J.

The plaintiff in the court below proved a good cause of action by the testimony he offered, and, as there was a conflict in the evidence offered by the plaintiff and the defendants below, the cause should have gone to the jury, and the trial judge erred in granting a peremptory instruction for the appellees.

Therefore the case is reversed.

Reversed and remanded.

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5 cases
  • Murray v. Louisville & Nashville R. Co
    • United States
    • United States State Supreme Court of Mississippi
    • January 15, 1934
    ......31, 63 So. 333; Waldrop v. Crittenden Co., 107. Miss. 595, 65 So. 644; National Life & Ins. Co. v. DeVance, 110, Miss. 196, 70 So. 83; Jones v. Knotts, 110 Miss. 590, 70 So. 701; Mobile & Ohio R. R. v. Johnson, 141 So. 581, 582; Young v. Columbus & G. Ry., 147 So. 432. . . ......
  • Miller v. Teche Lines, Inc
    • United States
    • United States State Supreme Court of Mississippi
    • February 17, 1936
    ......31, 63 So. 333; Waldrop v. Crittended Co., 107. Miss. 595, 66 So. 644; National Life & Acc. Ins. Co. v. De Vance, 110 Miss. 196, 70 So. 83; Jones v. Knotts, 110. Miss. 590, 70 So. 701. . . The. court goes still further and holds that everything must be. considered as proven which ......
  • F. W. Woolworth Co., Inc. v. Volking
    • United States
    • United States State Supreme Court of Mississippi
    • April 14, 1924
    ...... failure to do so, she cannot recover in this case. Louisville & Nashville R. Company v. Jones, 98 So. 230; Yazoo City Transportation Company v. Smith, 28. So. 807; 15 L. R. A., page 741; Seutter v. Maysville, 114 Ky. 60, 69 S.W. 1074; ...Cantrell v. Lush,. 73 So. 885; Ala. Great Southern R. Co. v. Daniell,. 66 So. 730; Dodge v. Cutrer, 58 So. 208; Jones. v. Knotts, 70 So. 701; Waldrop v. A. B. Crittenden Co.,. 65 So. 644. . . J. A. Leathers, for appellants, in reply to suggestion of error. . . ......
  • City of Columbus v. Payne
    • United States
    • United States State Supreme Court of Mississippi
    • October 28, 1929
    ...Birchett v. Hundermark, 110 So. 237; Campbell v. Gulf M. & N. R. Co., 89 So. 1; Wynnegar v. Southwestern Co., 83 So. 3; Jones v. Knotts, 70 So. 701. Griffith, J. A thoroughfare, whether it be a road or a street or an alley, in order to be considered in law as a public way so as to charge th......
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