Walker v. L. N. Dantzler Lumber Co.
Mississippi Supreme Court
Walker v. L. N. Dantzler Lumber Co., 103 Miss. 826 (Miss. 1912)
60 So. 1013
Reed
Walker v. L. N. Dantzler Lumber Co.
Opinion of the Court
delivered the opinion of the court.
The trial court gave a peremptory instruction to the jury to find for the appellee in this case. A review of the case leads us to the conclusion that there was a conflict of testimony regarding the delivery of logs and the settlement of the mutual accounts between the parties to the extent that the trial court should have permitted the jury to pass upon the facts in conflict.
Reversed and remanded.
Reference
- Full Case Name
- Noah Walker v. L. N. Dantzler Lumber Company
- Status
- Published
- Syllabus
- Trial. Peremptory instructions. Conflicting evidence. Where on the trial of a casé there is conflicting evidence as to* a legal defense interposed by the defendant, a peremptory instruction for the plaintiff should not he given.