Continental Southern Lines v. Klaas
| Decision Date | 09 March 1953 |
| Docket Number | Nos. 38475,38493,s. 38475 |
| Citation | 217 Miss. 795,63 So.2d 211 |
| Parties | CONTINENTAL SOUTHERN LINES, Inc. et al. v. KLAAS. CONTINENTAL SOUTHERN LINES, Inc. et al. v. KLAAS et al. |
| Court | Mississippi Supreme Court |
Stevens & Cannada and Hedgepeth & Norsworthy, Jackson, Hermon Dean, Canton, for appellants.
Ray, Spivey & Cain and Nelson Cauthen, Canton, for appellees.
The appellants in the two above-styled cases have filed a motion to be allowed to reargue both of the cases on the ground that when the same were originally argued and submitted, Justice Julian P. Alexander, now deceased, was a member of this Court, and that since the argument and submission of the cases, and before the decision thereof, the personnel of the Court has changed in that Justice Fred J. Lotterhos has succeeded Justice Alexander as a member of the Court.
It appears that the cases were originally scheduled to be argued and submitted before Justices Roberds, Alexander, Hall, Kyle, and Holmes, a quorum of the Court under the constitutional amendment inserted by the Legislature at its 1952 session. Laws 1952, c. 468. It further appears from the minutes of the Court that Justice Arrington sat and heard the original arguments in the place and stead of Justice Alexander, who was temporarily absent from the bench when these cases were argued. The five members of the Court who heard the original arguments are still members of the Court and are participating in the decision of the cases, which are now being considered by the entire membership of the Court, including Justice Lotterhos as successor of Justice Alexander, deceased, and no original opinion has been written or decision rendered in either of the cases.
The appellees have filed an objection to the granting of the motion for additional oral argument and have pointed out that Justice Alexander, deceased, did not hear the original arguments and that there is no precedent or need for the same to be argued before Justice Lotterhos as successor of Justice Alexander, deceased.
In the case of McKay v. Lemly, decided en banc by the Court April 25, 1949, and reported in 206 Miss. 456, 40 So.2d 281, there was a change in the personnel of the Court after the cause had been argued and submitted, in that Justice Hall had succeeded Justice Griffith upon the expiration of the latter's term of office, and before a decision had been rendered in the cause. The Court sustained a motion in favor of the appellants for...
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Continental Southern Lines, Inc. v. Lum, 43754
...Meeks v. McBeath, 231 Miss. 504, 95 So.2d 791 (1957); Moak v. Black, 230 Miss. 337, 92 So.2d 845 (1957); Continental Southern Lines, Inc. v. Klaas, 217 Miss. 795, 63 So.2d 211, 65 So.2d 575, 833, 67 So.2d 256 (1953). Cf. Peel v. Gulf Transport Co., 175 So.2d 377 (Miss.1965); Kettle v. Musse......
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...Gies v. Consolidated Freightways, 40 Wash.2d 488, 244 P.2d 248; Hill v. Wilson, 216 Ark. 179, 224 S.W.2d 797; Continental Southern Lines v. Klaas, 217 Miss. 795, 63 So.2d 211, 65 So.2d 575, 65 So.2d 833, 67 So.2d 256. In these cases also the fact that the antecedent negligence of the defend......
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Mathews v. Thompson (State Report Title: Matthews v. Thompson)
...cooperated to bring about the injury, and that the dense smoke continued to be actively operative. See also Continental Southern Lines v. Klaas, 217 Miss. 795, 63 So.2d 211, 65 So.2d 575, 833, 67 So.2d The case of McKenna v. Scott, 10 Cir., 202 F.2d 23, an Oklahoma case, held that the negli......
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Planters Bank v. Garrott, 41557
...Appeal and Error Sec. 1501, and cases cited. See also Federal Compress Co. v. Craig, 192 Miss. 689, 7 So.2d 532; Continental Southern Lines v. Klaas, 217 Miss. 795, 63 So.2d 211, 65 So.2d 575, 833, 67 So.2d 256; Talbott v. Perkins, 225 Miss. 8, 82 So.2d The record in this case shows that af......