Scott v. Yazoo & Mississippi Valley Railroad Company
| Decision Date | 09 December 1912 |
| Parties | HENRY SCOTT v. YAZOO & MISSISSIPPI VALLEY RAILROAD COMPANY |
| Court | Mississippi Supreme Court |
October, 1912
APPEAL from the circuit court of Warren county, HON. H. C. MOUNGER, Judge.
Suit by Henry Scott against the Yazoo & Mississippi Valley Railroad Company for personal injuries. From a judgment awarding insufficient damages, plaintiff appeals.
Plaintiff was a brakeman of five or six years' experience, earning about seventy-five dollars per month, and at the time of his injury was engaged in the performance of his duties in the employ of defendant. One of the grabirons, to which brakemen hold when climbing on or descending from the top of a car, gave way, and he fell and broke his leg, so that amputation became necessary. He was in bed three months from the injury, and as a result his earning capacity is greatly reduced.
The jury returned a verdict in his favor for one hundred dollars, and he appeals, alleging that the verdict was grossly inadequate.
Reversed and remanded.
Hudson & McKay, attorneys for appellant.
Mayes & Longstreet, attorneys for appellee.
No brief of counsel on either side found in the record.
The jury having found that appellant's injury was caused by reason of the negligence of appellee, it thereby became its duty to render such a verdict as would fairly compensate him, not only for his actual money loss, but also for his suffering and disability. The verdict rendered, which was for the sum of one hundred dollars, is so grossly inadequate as to indicate that, in arriving at its verdict, the jury was influenced by passion, prejudice, or corruption.
The judgment of the court below is reversed, in so far as it adjudges the amount of damages to be recovered, but in all other respects will remain and be in full force and effect, and cause remanded for the purpose only of adjudging the amount of damages to be recovered by appellant.
Reversed and remanded.
To continue reading
Request your trial
-
City of Lumberton v. Schrader
... ... In ... Mississippi the Legislature has plenary power over the ... Scott ... v. Y. & M. V. R. R. Co., 103 Miss. 522, 60 ... ...
-
Mangum v. Reid
... ... [178 Miss. 354] ... Scott ... v. Y. & M. V. R. R. Co., 103 Miss. 522, 60 ... in the state of Louisiana as it is in Mississippi ... that the contributory negligence complained ... ...
-
Faulkner v. Middleton
... ... MIDDLETON No. 33688Supreme Court of Mississippi, Division ASeptember 11, 1939 ... May ... R. R ... Norquist, of Yazoo City, and R. M. Kelly, of Vicksburg, for ... in the following cited cases: Scott v. Y. & M. V. R. R ... Co., 60 So. 215, 103 ... Mobile & O. Railroad Co. v. Bennett, 127 Miss. 413, ... 90 So. 113, ... ...
-
Ozen v. Sperier
... ... [ * ] No. 27066 Supreme Court of Mississippi May 7, 1928 ... Division B ... Construction Company. Judgment for defendant Glover ... Construction ... Jameson, 68 Miss. 336, 8 So. 744; Scott v. Yazoo & ... H. V. R. Co., 103 Miss. 522, 60 ... that there was no liability of the railroad company ... under the facts of the case, the ... ...