Delta Electric Light, Power & Manufacturing Co. v. Employer's Liability Assurance Corp.

Mississippi Supreme Court October 15, 1912

Delta Electric Light, Power & Manufacturing Co. v. Employer's Liability Assurance Corp., 103 Miss. 255 (Miss. 1912)

60 So. 213

Cook

Opinion of the Court

Cook, J.,

delivered the opinion of the court.

The parties to this suit seem to have agreed to submit the case to the jury upon the question as to whether the automobile struck the street car or the street car struck the automobile. By taking the instructions complained of by appellant together with instructions given for defendant in the court below, and reading all in connection with the evidence in this case, it seems to us that this-question was fairly presented to the jury, and there is no reason to suspect that the jury were misled as to the real issue in the case. Appellant’s counsel place too much stress upon the supposed discriminative power of the ordinary petit jury.

Affirmed,

Reference

Full Case Name: Delta Electric Light, Power & Manufacturing Co. v. Employer's Liability Assurance Corporation
Status: Published
Syllabus: Street Railroads. Collision with automobile. Damages. Instructions. Where iu a suit for damages against a street ear company, caused by a collision between a street car and an automobile, the only issue-was as to whether the street car struck the automobile or the automobile struck the street ear and the instructions on both sides fairly presented the law of the case in the light of the evidence adduced, the case on appeal will not be reversed.