Cases Argued and Decided in the Supreme Court of Mississippi Volume 91 (Paperback)

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...