Long v. Magnolia Hotel Co., 41087
| Decision Date | 05 October 1959 |
| Docket Number | No. 41087,41087 |
| Citation | 114 So.2d 667,236 Miss. 655 |
| Parties | Mrs. Amelia LONG v. MAGNOLIA HOTEL COMPANY, Inc. and M. T. Reed Construction Company, Inc. |
| Court | Mississippi Supreme Court |
Brunini, Everett, Grantham & Quin, Vicksburg, for appellant.
Vollor & Thames and Teller, Biedenharn & Rogers, Vicksburg, for appellees.
Following the decision in this case, reported in 111 So.2d 645, the appellees filed a suggestion of error raising the question whether we erred in holding that the $5,000 verdict in the last trial was inadequate. No other question is before us.
We have carefully reconsidered the evidence in the light of the recognized rules of law applicable to the problem. We are of the opinion that we were in error in holding that the $5,000 verdict was so inadequate as to require a reversal.
In deciding the question before us, we must reconsider all the evidence offered at the last trial, and for the purpose of deciding whether the jury's verdict for $5,000 was justified under the proof, all the evidence must be considered in the light most favorable to the appellees (defendants).
There was evidence that appellant's building was a total loss from the tornado of December 5, 1953. One of appellant's own witnesses so testified. A number of witnesses testified that after the tornado and before appellees threw the bricks on the Long building, the building was pulled away from the hotel and was leaning to the east. The proof showed without dispute that the front windows were blown out and the front wall pushed in; that the partition was blown out of place inside the building; and that the entire rear wall was blown out leaving the wall at the northeast corner cantered to the east. The jury had the benefit of photographs showing the damage to the roof after the tornado and before the appellees threw the bricks on the building. They also had photographs taken after the bricks were thrown on the building by appellees. There was proof that there were 800 to 1000 bricks blown loose from the wall of the hotel directly over the Long building during the tornado, and some stone, but it is not shown how many of these brick fell on the Long building. About 200 brick, one or more pieces of stone, and a window frame fell on the Long building when appellees pushed them off after the tornado. A number of witnesses testified that there was no substantial damage done to the Long building by appellees in throwing the brick on the building. It...
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McDaniel v. Ritter
...Commission, 239 Miss. 372, 123 So.2d 235 (1960); Long v. Magnolia Hotel Co., 236 Miss. 655, 111 So.2d 645, sugg. error o'ruled 236 Miss. 655, 114 So.2d 667 (1959). And, except for an order directing a new trial on damages alone, in which instance an appeal is specifically authorized by stat......
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...v. Gatlin, 243 Miss. 386, 137 So.2d 909 (1962); Long v. Magnolia Hotel Co., 236 Miss. 655, 111 So.2d 645, sugg. of error 236 Miss. 655, 114 So.2d 667 (1959); Sears, Roebuck & Co. v. Creekmore, 199 Miss. 48, 23 So.2d 250 (1945); Yorkshire Ins. Co. v. Brewer, 175 Miss. 538, 166 So. 361 (1936)......
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...Broadhead v. Gatlin, 243 Miss. 386, 137 So.2d 909 (1962); Long v. Magnolia Hotel Co., 236 Miss. 655, 111 So.2d 645, sugg. of error 114 So.2d 667 (1959); Sears, Roebuck & Co. v. Creekmore, 199 Miss. 48, 23 So.2d 250 (1945); Yorkshire Ins. Co. v. Brewer, 175 Miss. 538, 166 So. 361 (1936); Bow......
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