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194 So. 2d 208

Owen v. Mullins

Mississippi Supreme Court

Decided January 23, 1967

Mississippi Supreme Court · decided 1967-01-23

Good law ✅— No negative treatment on recordhow we know

Decided 1967-01-23

How this case has been cited

Cited by 3 later decisions — most recently December 1992

1 federal appellate · 2 state decisions

101967197019801990decided

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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JONES, Justice.

¶1This is another of those cases that arouse our compassion over the suffering of a child. A little six year old girl was seriously injured by an automobile and caused much pain.

¶2Through her father as next friend she sought damages therefor, alleging negligence on the part of appellee, the driver of the automobile involved.

¶3After hearing the evidence presented on behalf of appellant the learned Judge of the First Judicial District of Hinds County, presiding at the trial, sustained a motion by appellee to exclude such testimony and directed the jury peremptorily to return a verdict for the appellee.

¶4This appeal resulted, and we affirm.

¶5We see no necessity of detailing the facts. It may be conceded there were some conflicts in the evidence. However, under no concept of the proof are we able to say negligence on the part of appellee proximately causing or contributing to the injuries was made a jury issue. We hold this after careful and painstaking study of the record and bearing in mind the rule to be used in passing upon such motions.

¶6Affirmed.

ETHRIDGE, C. J., and PATTERSON,. INZER and ROBERTSON, JJ., concur.
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