43 So. 469 | Miss. | 1907
delivered the opinion of the court.
There is no merit in any of the contentions of the appellant, except the one which asserts that the verdict is excessive. The case is one which has troubled us very greatly in arriving at a satisfactory conclusion. One witness, W. IT. Sumner, testifies that there were only seventy-five acres of first-class land in the tract, and about one-third of the balance, as he puts it, was third-class land; and he was a witness for the defendant. The value of the place ranges from $45 to $125 an acre. Several witnesses for the defendant say that the damage to the land was one-third of the whole value of the place, and some wit
If the appellees will remit down to $6,800, the judgment will stand; otherwise, the judgment will be reversed, and the cause remanded for a new- trial.