Gibson v. A.P. Lindsey Distributor, Inc., 40849
| Decision Date | 03 July 1958 |
| Docket Number | No. 40849,40849 |
| Citation | 104 So.2d 456,233 Miss. 853 |
| Parties | Vernon GIBSON v. A. P. LINDSEY, DISTRIBUTOR, Inc. and Carroll C. Westbrook. |
| Court | Mississippi Supreme Court |
Appeal from Circuit Court, Hinds County; Leon F. Hendrick, Judge.
On suggestion of error.
Vardaman S. Dunn, Jackson, Norman B. Gillis, Jr., McComb, for appellant.
Crisler, Crislery & Bowling, Jackson, Simrall, Aultman & Pope, Hattiesburg, for appellees.
Westbrook and A. P. Lindsey, Distributor, Inc., have filed a suggestion of error as cross-appellants, and Westbrook has filed a separate suggestion of error as a direct appellant from the judgment on his cross-claim. There is no merit in either, so they are overruled. However, in our original opinion no express reference was made to Westbrook's direct appeal with reference to his cross-claim. Hence the Court's judgment is corrected to reflect the disposition of that direct appeal, and the cause is affirmed on both the cross appeals and on the direct appeal of Westbrook. Otherwise, as we have heretofore adjudicated, on the direct appeal of Gibson the case is reversed and judgment rendered here for appellant Gibson.
Suggestions of error overruled, and judgment corrected so as to affirm the direct appeal of Westbrook, as well as the cross-appeal.
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Coleman v. Teague, 45489
...reinstate the jury verdict. They rely, among other cases, upon Gibson v. A. P. Lindsey, Distrib., Inc., 233 Miss. 853, 103 So.2d 345, 104 So.2d 456 (1958), as defining the rules governing the question of granting a new trial on the question of damages, and upon Ideal Cement Co. v. Killingsw......
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Strickland v. Mississippi State Highway Commission
...on the ground of excessiveness of the damages assessed. Gibson v. A. P. Lindsey, Distributor, Inc. et al., 233 Miss. 853, 103 So.2d 345, 104 So.2d 456. Motion to dismiss appeal HALL, P. J., and HOLMES, ETHRIDGE and McELROY, JJ., concur. ...