Yazoo & M. V. R. Co. v. Mothershed
| Citation | 122 Miss. 835,85 So. 98 |
| Decision Date | 28 June 1920 |
| Docket Number | 21054 |
| Parties | YAZOO & M. V. R. CO. v. MOTHERSHED |
| Court | Mississippi Supreme Court |
March 1920
1. APPEAL AND ERROR. In husband's action for injuries evidence of injuries to wife in same accident held harmless.
In a suit for injuries to a person injured at a railroad crossing evidence of the nature and extent of injuries sustained by his wife in the same accident was inadmissible, but not reversible error in this case.
2. DAMAGES. More than seven thousand dollars held grossly excessive for bruises and lacerations and injury to ankle.
In a suit for compensatory damages for personal injuries sustained at a railroad crossing, where the testimony showed that the injured party suffered bruises and lacerations to the face body, and one leg, the severest injury being a laceration of great depth over the instep, in which were imbedded several pieces of glass, which were removed after an X-ray examination, which injury took two or three months to heal, and resulted in a slight deformity to the ankle, a verdict for over seven thousand dollars is grossly excessive.
APPEAL from circuit court of Quitman county, HON. W. A. ALCORN, Judge.
Action by J. L. Dowdy against the Yazoo & Mississippi Valley Railroad Company. On plaintiff's death, the suit was revived in the name of E. L. Mothershed, administrator, and from a judgment for plaintiff, defendant appeals. Affirmed with remittitur.
Affirmed, with remittitur.
St. John Waddell, Charles N. Burch and H. D. Minor, for appellant.
Maynard & Fitzgerald, for appellee.
J. L. Dowdy instituted in the circuit court a suit for personal injuries sustained by him at Lambert, Miss., claiming that an automobile truck in which he was riding was struck by a train of the appellant railroad company; the truck being turned over and dragged by the engine thirty or forty feet, and Dowdy sustaining a number of lacerations, bruises, and injuries. The accident occurred in the incorporated town of Lambert, on the principal street crossing. The wife of Dowdy was in the truck with him, and also sustained severe injuries. Before the trial of the case Dowdy died from other causes eight months after the accident.
Mr Dowdy sustained cuts and bruises on his face, and other parts of his body, and on one leg; his severest injury being a laceration of great depth over the instep, in which was imbedded three pieces of glass. He was taken at once to a hospital in Memphis, and remained in the hospital for a week or ten days under the treatment of the railroad surgeon. He returned to Lambert on crutches, and, the wound on his instep...
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