Volume 237 — Mississippi Reports

<bold>1. Workmen's compensation — attorney's fee — additional fee</bold> <bold>allowed.</bold> <bold>2. Workmen's compensation — interest — ordered to run from due</bold> <bold>date of each compensation payment.</bold> <bold>3. Workmen's compensation — penalties — allowance of penalty for</bold> <bold>failure to report injuries lies within discretion of</bold> <bold>Commission.</bold> <bold>4. Workmen's compensation — penalties — allowance of penalty for</bold> <bold>failure to pay installments without an award optional with</bold> <bold>Commission.</bold> Headnotes as approved by Hall, J.

<bold>1. Trial — jury trial — verdict — against overwhelming weight of</bold> <bold>evidence — power and duty of appellate court.</bold> A jury trial affords best means of settling disputed questions of fact, and while power and duty of court to review evidence and set aside verdict of jury, if verdict is against overwhelming<page_number>Page 356</page_number> weight of evidence is a necessary incident to right of trial by jury, power of court to do so should be exercised with utmost care. <bold>2. Trial — jury trial — jury to respond to reason.</bold> Right to trial by jury includes right of both parties to trial by jury that will respond to reason. <bold>3. Motor vehicles — negligence — intersectional collision —</bold> <bold>truck which had turned onto highway at intersection and</bold> <bold>overtaking vehicle — verdict exonerating driver of overtaking</bold> <bold>vehicle against overwhelming weight of evidence.</bold> In action for death of driver of truck which was struck from rear by defendant's automobile, physical facts overwhelmingly showed that defendant had been operating his automobile at a high, dangerous and negligent rate of speed without having same under reasonable control, and that his negligence in that regard had been proximate cause of fatal collision, without regard to whether decedent had been negligent in turning onto highway at intersection immediately prior to collision; and verdict exonerating defendant was result of bias, passion, or prejudice. Headnotes as revised by Gillespie, J.

<bold>1. Attachment — wrongful — damages in favor of defendant.</bold> The statute providing that in case of wrongful attachment defendant may have judgment for damages assessed by jury was not intended to relieve a jury of its responsibility to render a verdict where it has found that attachment was wrongfully sued out. Sec. 2717, Code 1942. <bold>2. Attachment — damages — defendant's duty to minimize.</bold> Defendant who claimed that his automobile and trailer had been wrongfully attached had duty to reduce his damage by making a bond and retaining possession of his equipment if he could by putting forth a reasonable effort to that end. Sec. 2717, Code 1942. <bold>3. Attachment — wrongful — damages — limited to actual damages</bold> <bold>sustained.</bold> Generally, damages for wrongful attachment are limited to actual damages sustained. Sec. 2717, Code 1942. <bold>4. Attachment — wrongful — damages — verdict of $1 grossly</bold> <bold>inadequate.</bold> Where it was necessary for defendant to employ attorneys to defend attachment suit at cost of $150, and it was necessary for defendant to lose time in his attendance upon trial of case and defendant gave an "estimate" of what he conceived to be damages that he had sustained by reason of having to rent another automobile and trailer while his automobile and trailer were being held under the attachment, a verdict of $1 as damages for wrongful attachment was grossly inadequate to compensate defendant for damages which he sustained. Sec. 2717, Code 1942. Headnotes as approved by McGehee, C.J.

<bold>1. Insurance — sick benefit policy — evidence sustained finding</bold> <bold>that insured's subsequent disability was result of Parkinson's</bold> <bold>disease entitling him to receive payment for 24 months for</bold> <bold>disability resulting from that disease.</bold> In action against insurer on sick benefit policy obligating insurer to pay $100 per month for period of total disability, not exceeding 24 months in aggregate, for any one type of sickness, evidence sustained finding that insured, who had previously received payments for several months for hypertension, was suffering from paralysis agitans or Parkinson's disease and was entitled to receive payments for 24 months for disability resulting from that disease. Headnote as approved by Roberds, P.J.

<bold>1. Criminal law — confessions — evidence — oral testimony</bold> <bold>showing circumstances of an extrajudicial confession</bold> <bold>admissible.</bold> Oral testimony showing the circumstances of an extrajudicial confession, as well as a signed written confession, is admissible<page_number>Page 773</page_number> as primary evidence; hence, admission into evidence of testimony of sheriff with reference to oral confession of defendant, who was accused of manslaughter, where evidence showed that confession was free and voluntary, was not error. <bold>2. Criminal law — evidence — tape recording of accused's</bold> <bold>confession, properly authenticated, admissible.</bold> When properly authenticated, a tape recording of an accused's confession is admissible in evidence. <bold>3. Criminal law — confessions — evidence — right to prove all of</bold> <bold>confession — proof of exculpatory statements.</bold> The accused is entitled to examine and put in evidence all that was said to and by him at the time which bears upon the subject of the controversy, including any exculpatory or self-serving declarations connected with it, and where the State introduces a part only of his confession, the accused is entitled to prove the remainder or any part thereof which is explanatory of, or connected with, the part offered by the State. <bold>4. Criminal law — confessions — evidence — accused entitled to</bold> <bold>have State produce tape recording of conference whereat</bold> <bold>sheriff testified accused orally confessed.</bold> Where sheriff testified, in prosecution for manslaughter, that defendant had orally confessed in his presence and where a transcription or tape recording had been made of entire conference or interview with defendant during which alleged confession was made, defendant was entitled to have the tape recording in question produced, in order to enable defendant to prove the remainder or any part thereof which was explanatory of, or connected with, the testimony of the sheriff. Headnotes as approved by Ethridge, J.

<bold>1. Workmen's compensation — medical services and supplies —</bold> <bold>statute of limitations begins to run when.</bold> Where employer and insurance carrier after payment of maximum benefits due injured workman for injuries sustained in course of his employment rendering him permanently and totally disabled and requiring medical treatment for remainder of his life continued to furnish all medical services and supplies upon request, such payments tolled statute of limitations during such period as employer and carrier continued to furnish such medical services and supplies for length of time as nature of injury or process of recovery might require, Sec. 6998-08, Code 1942. Headnote as approved by McGehee, C.J.