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Carr v. Cox

6 Citing cases

  1. Comer v. Gregory

    365 So. 2d 1212 (Miss. 1979)   Cited 4 times
    In Comer v. Gregory, 365 So.2d 1212 (Miss. 1978), the Court reviewed a denial of additur arising from an assault and battery in Itawamba County.

    (Emphasis added). In Carr v. Cox, 255 So.2d 317 (Miss. 1971), involving an automobile accident, we said: "This Court agrees that the damages are inadequate and no doubt would reverse but for the question of contributory negligence.

  2. Flight Line, Inc. v. Tanksley

    608 So. 2d 1149 (Miss. 1992)   Cited 101 times
    Holding that an appellate court has no authority to vacate an award of damages merely because it believes the jury erred or because, had it been the trier of fact, it would have awarded a greater or lesser sum

    1978); Screws v. Parker, 365 So.2d 633, 636 (Miss. 1978); Carr v. Cox, 255 So.2d 317 (Miss. 1971); Hynum v. Smith, 447 So.2d 1288, 1290 (Miss. 1984).

  3. City of Jackson v. Copeland

    490 So. 2d 834 (Miss. 1986)   Cited 5 times

    1980); Altom v. Wood, 298 So.2d 700 (Miss. 1974); Carr v. Cox, 255 So.2d 317 (Miss. 1971). Thus, a jury may reduce an award by taking into account any contributory negligence, but only in two situations.

  4. Reikes v. Martin

    471 So. 2d 385 (Miss. 1985)   Cited 39 times
    Holding jury instruction erroneous because it referred to standard of care particular patient might reasonably expect as opposed to objective standard physician owed to patient

    See: Gilliam v. Sykes, 216 Miss. 54, 61 So.2d 672 (1953); Vaughan v. Bollis, 221 Miss. 589, 73 So.2d 160 (1954); Medley v. Carter, 234 So.2d 334 (Miss. 1970); Carr v. Cox, 255 So.2d 317 (Miss. 1971); City of Indianola, for Use of Kirkpatrick v. Love, 227 Miss. 156, 85 So.2d 812 (1956). Under the unusual facts in this case, it was error for the trial court to remove this issue from consideration by the jury.

  5. Watkins v. Ross

    380 So. 2d 1265 (Miss. 1980)   Cited 4 times

    Altom v. Wood, 298 So.2d 700 (Miss. 1974); and Carr v. Cox, 255 So.2d 317 (Miss. 1971). We are of the view that the trial jury did this, and, while we likely would be inclined not to disturb a substantially larger award, we cannot say, on this record, that the verdict of the jury is contrary to the overwhelming weight of the evidence or that it is the product of bias, passion, or prejudice on the part of the jury.

  6. Altom v. Wood

    298 So. 2d 700 (Miss. 1974)   Cited 10 times

    We are mindful that although contributory negligence is not pleaded and no instruction on comparative negligence is requested, the jury may reduce an award by taking into account plaintiff's contributory negligence. Carr v. Cox, 255 So.2d 317 (Miss. 1971). If plaintiff was guilty of contributory negligence, it was slight in comparison with defendant's.