Hinton v. Delcher Bros. Moving & Storage Co.
| Decision Date | 17 February 1964 |
| Docket Number | No. 42889,42889 |
| Parties | Annie Pearl HINTON, Mother & Next Friend of Vera Rose Hinton v. DELCHER BROTHERS MOVING & STORAGE COMPANY, Richard Mease and Eddie B. Schaffer. |
| Court | Mississippi Supreme Court |
James E. Brown, Starkville, for appellant.
Mitchell, McNutt & Bush, Tupelo, for appellee.
This was a suit for damages for the death of a seven months' old illegitimate child. The death resulted from a collision between a truck owned by Delcher, driven by Mease, and an automobile in which the child was riding, driven by Schaffer. It happened about two miles west of Artesia, Mississippi. Schaffer started into Highway 45. He stopped, but where he stopped his view to the north, from which direction Delcher's truck was coming, was obstructed. He drove into the highway, and testified that when he saw the truck it was about fifty or sixty yards north. Schaffer was entering from the west and undertaking to go north. The collision occurred in the east or northbound lane of traffic of Highway 45, which highway runs north and south. On the trial, the jury returned a verdict for Delcher, and against Schaffer for the sum of $500.
Defendat Delcher invoked the doctrine of a sudden emergency, and in pursuance thereof obtained an instruction which is almost a verbatim copy of the instruction condemned in the case of Gulf, M. & O. Railroad Co. v. Withers, decided June 3, 1963, and reported in 154 So.2d 157. In the Withers case various decisions regarding the instruction on sudden emergency were reviewed and analyzed, and it was definitely determined what essential elements should be incorporated in such an instruction when invoked by a party. As stated, the instruction here involved is almost an exact copy of the instruction condemned in the Withers case, and for that reason it is necessary that this case be reversed and remanded for a new trial on all issues as to Delcher.
We affirm the case as to liability against the defendant Schaffer, but hold that the amount of $500 for the life of a child is grossly inadequate. See Gordon v. Lee, 208 Miss. 21, 43 So.2d 665; Green v. Hatcher, 236 Miss. 830, 105 So.2d 624.
Reversed and remanded on all issues as to Delcher; affirmed on liability as to Schaffer; remanded on the question of damages alone as to Schaffer.
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...the cause of the emergency by his own negligence. Gregory v. Thompson, 248 Miss. 431, 160 So.2d 195 (1964); Hinton v. Delcher Bros. Moving & Storage Co., 250 Miss. 535, 160 So.2d 694, 162 So.2d 651, 167 So.2d 813 (1964); Fink v. East Miss. Elec. Power Ass'n, 234 Miss. 221, 105 So.2d 548 (19......
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...or contributed to by the negligence or wrongful conduct of the person claiming the benefit of the rule. Hinton v. Delcher Bros. Moving & Storage Co., 160 So.2d 694 (Miss.1964); Gregory v. Thompson, 248 Miss. 431, 160 So.2d 195 (1964); Pullin v. Nabors, 240 Miss. 864, 128 So.2d 117 (1961); B......
- Hinton v. Delcher Bros. Moving & Storage Co., 42889