Continental Southern Lines v. Klaas, 38475
| Decision Date | 08 June 1953 |
| Docket Number | No. 38475,38475 |
| Citation | 217 Miss. 853,65 So.2d 596 |
| Parties | CONTINENTAL SOUTHERN LINES, Inc. et al. v. Mrs. Juanita Saunier KLAAS. |
| Court | Mississippi Supreme Court |
Appeal from Circuit Court, Madison County; M. M. McGowan, Judge.
Hedgepeth & Norsworthy, Jackson, Hermon Dean, Canton, and Stevens & Cannada, Jackson, for appellant.
Ray, Spivey, & Cain and Nelson Cauthen, Canton, for appellee.
This case is a companion case with that of Continental Southern Lines, Inc., v. Klaas, Miss., 65 So.2d 575, No. 38493, and is before us on appeal by the Continental Southern Lines, Inc., M. S. Cox, Jr., and Lawyer Partee, defendants in the court below, from a judgment rendered against them by the circuit court of Madison County in favor of Mrs. Juanita Saunier Klaas, surviving widow of Clarence Klaas, deceased, for damages for the wrongful death of the said Clarence Klaas.
Clarence Klaas was killed in the same automobile accident as that in which Lawrence J. Klaas, Sr., met his death on September 16, 1950. The accident occurred on U. S. Highway No. 51, about five miles north of the City of Canton, when the automobile in which they were riding collided with a cattle truck owned by M. S. Cox, Jr., which was being operated at the time of the accident by Lawyer Partee, Cox' employee.
The two cases were consolidated and tried together in the lower court, and have been consolidated for hearing on this appeal. The facts developed upon the trial in the lower court are stated in the opinion this day rendered in Cause No. 38,493, styled Continental Southern Lines, Inc., v. Klaas, and the decision on this appeal is controlled by the decision rendered in that case.
Clarence Klaas, at the time of his death, was 27 years of age, and was engaged in the business of farming, dairying, and selling electrical and plumbing supplies. His earnings amounted to approximately $300 per month. He left a widow, the plaintiff herein, but no children. The jury returned a verdict for the plaintiff in the sum of $15,000, and judgment was entered for that amount.
For the reasons stated in the opinion rendered in the companion case, No. 38,493, the judgment of the lower court is affirmed.
Affirmed.
LEE, J., took no part.
I respectfully dissent from the holding that Continental Southern Lines, Inc., is liable. Grounds for such dissent are set out in my dissenting opinion in No. 38493, Continental...
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Klaas v. Continental Southern Lines
...two judgments of the circuit court were affirmed. Continental Southern Lines, Inc., v. Klaas, 217 Miss. 795, 63 So.2d 211, 65 So.2d 575; 217 Miss. 853, 65 So.2d 596. Suggestions of error were overruled on July 3, 1953. 217 Miss. 851, 65 So.2d 833; 217 Miss. 855, 65 So.2d 834. On October 5, ......
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Carter v. Berry
...527, 36 So.2d 159, 797 (1948); Continental Southern Lines v. Klaas, 217 Miss. 795, 63 So.2d 211, 65 So.2d 575, 833, 67 So.2d 256; 217 Miss. 853, 65 So.2d 596, 834 (1953); Snowden v. Webb, 217 Miss. 664, 683, 64 So.2d 745, 65 So.2d 839, 67 So.2d 251, 39 A.L.R.2d 93 (1953). The only exception......
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Continental Southern Lines v. Klaas
...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......
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Continental Southern Lines v. Klaas, 38493
...ETHRIDGE, Justice. This cause was affirmed on June 8, 1953, by a decision of four judges, 65 So.2d 575, with four judges dissenting, 65 So.2d 596. The suggestion of error by Continental Southern Lines, Inc., attacks the decision on the merits. The case has now been thoroughly reconsidered o......