Continental Southern Lines v. Klaas
| Decision Date | 05 October 1953 |
| Docket Number | Nos. 38493,38475,s. 38493 |
| Parties | CONTINENTAL SOUTHERN LINES, Inc., et al. v. KLAAS et al. CONTENENTAL SOUTHERN LINES, Inc, et al. v. KLAAS. |
| Court | Mississippi Supreme Court |
Hedgepeth & Norsworthy, Jackson, Hermon Dean, Canton, Stevens & Cannada, Jackson, for appellant.
Spivery & Cain, Nelson Cauthen, Canton, for appellees.
Appellant, Continental Southern Lines, Inc., has filed (1) a motion requesting this Court to set aside the opinions, orders and judgments rendered in these cases and to remand them to the docket for consideration and adjudication by all nine of the Judges, on the argued ground that the original decisions, 65 So.2d 575, Id., 65 So.2d 596, were void, since the affirmance was by a four to four vote, and four judges can not affirm a case, and hence it is argued the affirmance on suggestion of error by five judges, 65 So.2d 833, Id., 65 So.2d 834, is not a valid ratification of the original judgment; (2) a motion to argue orally the preceding motion; (3) a suggestion of error directed both to the dismissal of similar motions in 65 So.2d 833, Id., 65 So.2d 834, and to the merits of these cases. In the opinions of July 3, 1953, all nine of the judges participated in the decision on the merits and overruled that suggestions of error, by a five to four vote, and all nine of the judges concurred in a dismissal of substantially similar motions there made because they had become moot. 65 So.2d 833, Id., 65 So.2d 834. Hence the Court on suggestion of error pretermitted the question of whether a case may be affirmed by four judges, since five joined in the final decision.
The stated motions and the suggestion of error directed to the opinions of July 3, 1953, and the orders thereon, dismissing the motions there before the Court, and the briefs thereon, deal with the same constitutional issue which the Court finally disposed of on that date. It was there decided that the decision on suggestion of error by a majority of five judges constituted a valid and final judgment, and that the question raised by Continental Southern Lines in its motions as to the effect of the original four to four decision was moot, and was therefore pretermitted, since a majority of five judges rendered the final judgment. To the same effect is Joe Ready's Shell Service Station & Cafe v. Ready, Miss., 65 So.2d 268, on suggestion of error, page 272; see also Carney v. Anderson, 1952, 214 Miss. 504, 517, 58 So.2d 13, 59 So.2d 262. Accordingly the two motions, and suggestion of error...
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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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...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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