This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1908 Excerpt: ... the province of the jury, and the jury alone, to
measure in dollars and cents the amount due for physical and mental
anguish and suffering, and, unless in a case where the verdict
plainly shows that the jury must have been influenced by passion,
prejudice, or corruption, this court never interferes with their
finding as to damages. This court has no scale delicate enough to
weigh physical and mental anguish. At best it is an extremely
difficult task. The law has committed this delicate task to the
unbiased judgment of the twelve plain, practical, everyday men, who
compose the jury, and it can nowhere be more safely rested than in
the application of their good sense and honest judgment to the
particular facts proven in each particular case." We cannot escape
the conclusion that the amount of $50,000 is so utterly out of all
proportion to the damage fairly proven that the verdict must be
regarded as one influenced, as to amount, by passion and prejudice.
If the appellee will remit down to $30,000, the judgment will be
affirmed; otherwise, it will be reversed, and the cause remanded.
91 Miss.--32 Statement of the case. Magdeline O'reilly V. Missouri
Mcguiggan Et Al. 44 South., 968. Wills. Construction. Debt. Legacy.
Express trust. Probation of claims. Estates of decedents. Where,
reciting a valuable consideration therefor, a will directed a sum
of money to be paid a designated person and charged it
preferentially on testator's estate, an express trust was imposed
on the executors to pay it, and it need not be probated. From the
chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Mrs.
McGuiggan and her two children, appellees, were complainant in the
court below, and Mrs. O'Reilly, the appellant, defendant there.
From a decree in favor of the c...
|Country of origin:
Mississippi Supreme Court
||246 x 189 x 18mm (L x W x T)
||Paperback - Trade
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