Gilmer v. Gunter
| Decision Date | 22 May 1950 |
| Docket Number | No. 37512,37512 |
| Citation | 46 So.2d 447 |
| Parties | GILMER v. GUNTER. |
| Court | Mississippi Supreme Court |
J. O. Hollis, Carthage, for appellant.
Wells & Collins, Natchez, for appellee.
This case involves a collision between two automobiles at the intersection of a municipal street with a state highway. It is most unusual in that neither driver claims to have received any personal injuries, and only property damages are demanded. The jury found for the plaintiff and on appeal it is first contended that appellant was entitled to a peremptory instruction. The evidence was conflicting and was sufficient to support a verdict for either party, for which reason there was no error in refusing a peremptory instruction. The applicable principles of law are set out in Myers v. Tims, 161 Miss. 872, 138 So. 578; Gough v. Harrington, 163 Miss. 393, 141 So. 280; and Jones v. Carter, 192 Miss. 603, 7 So.2d 519.
Appellant contends that one of plaintiff's instructions was erroneous. If there be any error therein it is only technical and was completely cured by several of the eleven instructions obtained by defendant, and consequently this contention would not justify a reversal. Teche Lines, Inc., v. Kellar, 174 Miss. 527, 165 So. 303; New Orleans & Northeastern Railroad Co. v. Boliver, Miss., 44 So.2d 527.
It is finally contended that the verdict is contrary to the overwhelming weight of the evidence. Having reviewed the record, we find no merit in this contention but it is not necessary to pass upon it for the reason that no motion for a new trial, raising this point, was filed in the lower court, and the question is not properly preserved for review on appeal. See Clark v. State, 206 Miss. 701, 39 So.2d 783, 40 So.2d 591, and the numerous authorities therein cited. The judgment of the lower court is accordingly affirmed.
Affirmed.
LEE, J., took no part in the consideration or decision of this case.
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Eubanks v. State
...the jury is against the overwhelming weight of the evidence." Jackson v. State , 423 So. 2d 129, 132 (Miss. 1982) (citing Gilmer v. Gunter , 46 So. 2d 447 (Miss. 1950) ). Because Eubanks failed to file a motion for new trial, this issue is procedurally barred. ¶52. Procedural bar notwithsta......
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Davis v. State
...(¶ 13) (Miss.1998); McLemore v. State, 669 So.2d 19, 24 (Miss.1996); Jackson v. State, 423 So.2d 129, 132 (Miss.1982); Gilmer v. Gunter, 46 So.2d 447, 448 (Miss.1950). ¶ 42. Davis did not raise this issue in his motion for new trial. Instead, he asserted that the trial court "erred in faili......
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Smith v. State
...before this Court is called upon to review [the matter]." Colson v. Sims, 220 So.2d 345, 346 n. 1 (Miss.1969); Gilmer v. Gunter, 46 So.2d 447, 448 (Miss.1950); Jackson v. State, 423 So.2d 129, 132 (Miss.1982); Ross v. State, 603 So.2d 857, 861 (Miss.1992). Otherwise, the insufficiency claim......
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Jackson v. State
...trial must be made where it is contended that the verdict of the jury is against the overwhelming weight of the evidence. Gilmer v. Gunter, 46 So.2d 447 (Miss.1950). (4) The denial of a continuance in the trial court is not reviewable unless the party whose motion for continuance was denied......