Brister v. Illinois Central Railroad

Mississippi Supreme Court
Brister v. Illinois Central Railroad, 88 Miss. 431 (Miss. 1906)
40 So. 325
Whitrteld

Brister v. Illinois Central Railroad

Opinion of the Court

Whitrteld, C. J.,

delivered tbe opinion of tbe court.

As we remarked when this case was here before (84 Miss., 33; 36 South. Rep., 142), it is one in which a verdict for either .side would not be disturbed if there were no errors of law. Tbe giving of tbe sixth instruction for tbe defendant was manifest error.

Reversed and remanded.

Reference

Full Case Name
Benjamin E. Brister v. Illinois Central Railroad Company
Status
Published
Syllabus
Evidence. Circumstances. Instructions. In a civil case it is error to instruct the jury that circumstantial evidence is insufficient to support a verdict, unless it excludes every other hypothesis than the truth of the finding.