231 So.2d 187 (Miss. 1970), 45600, Collins v. Truck Equipment Sales, Inc.

Docket Nº:45600.
Citation:231 So.2d 187
Party Name:Gaston L. COLLINS v. TRUCK EQUIPMENT SALES, INC.
Case Date:January 26, 1970
Court:Supreme Court of Mississippi
 
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Page 187

231 So.2d 187 (Miss. 1970)

Gaston L. COLLINS

v.

TRUCK EQUIPMENT SALES, INC.

No. 45600.

Supreme Court of Mississippi.

January 26, 1970

Melvin, Melvin & Melvin, Laurel, for appellant.

Gibbes & Graves, William S. Mullins, III, Laurel, for appellee.

Page 188

PATTERSON, Justice:

This is an appeal from a judgment of the Circuit Court of the Second Judicial District of Jones County which dismissed the appellant's suit against Truck Equipment Sales, Inc., for lack of jurisdiction.

The plaintiff below, Gaston L. Collins, is the owner of a place of business located in the community of Moselle which was destroyed on March 3, 1967, it is alleged, when a truck owned by Hilbun Farms, Inc., and driven by James L. Polson, crashed into it.

The declaration charged that the defendant, an Alabama corporation, had installed on the truck a steel extendible body and a rear tandem axle together with a hydraulic braking system. It alleged that the braking system was installed in a negligent and careless manner in violation of the rules and regulations of the Interstate Commerce Commission in that the defendant had used inferior brake tubing and had also failed to properly clamp and secure the brake line to the rear tandem axle and wheel, and that the improper assembly of this brake system contributed to the resulting accident.

Truck Equipment Sales, Inc., entered its appearance to challenge the jurisdiction of the court. It averred that it was an Alabama corporation which conducted all of its business within the State of Alabama and if any cause of action existed it could only be asserted in the state where the act complained of was committed.

The president of the defendant corporation testified that he had made serveral trips to Mississippi in connection with the plans to be performed on trucks owned by Hilbun Farms. He testified that the corporation had several representatives who traveled within this state soliciting the sale and installation of their products. However, he pointed out that the actual work of assembly and installation by the corporation was performed in Alabama, and added that the owners of the trucks delivered them to his plant for these services and picked them up subsequent thereto.

The lower court dismissed the suit holding that the act performed by the non-resident corporation within the State of Mississippi did not satisfy the 'minimal...

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