Yazoo & Miss. Valley Railroad v. Williams
Yazoo & Miss. Valley Railroad v. Williams
Opinion of the Court
delivered the opinion of the court.
In view of the fact that the circuit court refused the instruction no. 7 in the record and gave one in lieu of it, which was destroyed by the counsel who asked it, our conclusion is to consider the case as if instruction no. 7 was not in it. This is the just course, since counsel by destroying the substituted instruction precluded the possibility of determining by inspection what was the action of the court. In examining the other instructions in the case, the only error discovered is as to some given at the request of the defendant, notwithstanding which a verdict was rendered for the plaintiff, and while we doubt its correctness it is not without evidence to support it, and we are unwilling to disturb it.
Affirmed.
Reference
- Full Case Name
- Yazoo & Miss. Valley Railroad Co. v. Jeff. Williams
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Supreme Court Practice. Instruction destroyed by party obtaining it. Where on the trial of a cause counsel for one of the parties asks an instruction which is refused, the court giving one in lieu which is destroyed by such counsel, on appeal by this party, the supreme court not having before it the substituted one, will dispose of the case as if the refused instruction had not been asked. 2. Verdict. Railroads. Injury to animals on trach. On appeal, after motion for a new trial overruled in the court below, a verdict against a railroad company for injury to animals on the track, though its correctness is doubted, will not be disturbed if the controverted question of fact as to negligence has been submitted to the jury on proper instructions, and the finding is not without evidence to support it.