Everett Hardware Co. v. Shaw

Mississippi Supreme Court

Decided February 15, 1937

Mississippi Supreme Court · decided 1937-02-15

Good law ✅— No negative treatment on recordhow we know

Decided 1937-02-15

How this case has been cited

Cited by 15 later decisions — most recently April 1965

6 federal appellate · 9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1

ON SUGGESTION OF ERROR. It is true that appellee testified that the injury would not have occurred except for the improper parking of the truck. He testified further, however, that another helper would have avoided the injury, notwithstanding the faulty parking of the truck; in other words, that the want of sufficient help proximately contributed to the injury, and, according to his testimony, that the want of sufficient help was caused by the fault of appellant. Putting it differently — the improper parking of the truck and the want of sufficient help concurred in bringing about the injury.

¶2Suggestion of error overruled. *489