Mississippi Power & Light Co. v. Walters

Decision Date17 February 1964
Docket NumberNo. 42657,42657
Citation248 Miss. 206,160 So.2d 908
CourtMississippi Supreme Court
PartiesMISSISSIPPI POWER & LIGHT COMPANY et al. v. W. R. WALTERS.

Wise, Smith & Carter, Green, Green & Chency, Bethel Ferguson, Forrest B. Jackson, Daniel, Coker & Horton, Fred J. Lotterhos, Jr., Jackson, Huff & Huff and O. B. Triplett, Jr., Forest, for appellants.

Roy Noble Lee, James W. Lee, Forest, Bob Ray, Jackson, for appellee.

KYLE, Presiding Justice:

The lower court rendered a judgment in this case on March 10, 1962, in favor of the appellee W. R. Walters against the appellant Mississippi Power & Light Company and its two codefendants, Cities Service Oil Company and Larco Drilling Company, for the sum of $25,000. This Court on November 25, 1963, affirmed the judgment of the lower court as to the appellant Mississippi Power & Light Company on condition that the appellee enter a remittitur of $10,000, thus reducing the judgment of $15,000. The appellee entered a remittitur, and a judgment was thereupon entered against the Mississippi Power & Light Company and the United States Fidelity and Guaranty Company as surety on its supersedeas bond, for the sum of $15,000. The judgment of the lower court was reversed as to the appellant Cities Service Oil Company and Larco Drilling Company, and judgment was entered here in favor of those two appellants.

A motion has been filed by the appellee W. R. Walters to correct the final judgment rendered herein against the appellant, Mississippi Power & Light Company, so as to provide that the judgment for $15,000 shall bear interest from the date of the judgment of the lower court, and so as to provide that the costs of appeal to this Court be taxed one-half to the appellee W. R. Walters, and one-half to the appellant Mississippi Power & Light Company and its surety.

Since the filing of the above mentioned motion to correct judgment, the attorneys for the appellant Mississippi Power & Light Company and the attorneys for the appellee W. R. Walters have filed with the Clerk of this Court an agreement in writing for the entry of a corrected judgment whereby the appellee W. R. Walters shall have and recover interest on the $15,000 judgment affirmed by this Court from the date of the rendition of the judgment of the lower court, and whereby the costs of the appeal shall be taxed one-half to the appellee W. R. Walters and one-half to the appellant Mississippi Power & Light Company and its surety.

The motion of the...

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14 cases
  • Mississippi Power & Light Co. v. Shepard
    • United States
    • Mississippi Supreme Court
    • September 24, 1973
    ...the degree of care required of electric power distributors. In Mississippi Power & Light Co. v. Walters, 248 Miss. 206, 158 So.2d 2, 160 So.2d 908 (1963), a truck driver filed suit against Mississippi Power & Light Company for injuries he received while operating an 'A-frame' truck equipped......
  • Catholic Diocese of Natchez-Jackson v. Jaquith
    • United States
    • Mississippi Supreme Court
    • June 9, 1969
    ...v. Mississippi Power & Light Co., 193 So.2d 144 (Miss.1966) and Mississippi Power & Light Co. v. Walters, 248 Miss. 206, 158 So.2d 2, 160 So.2d 908 (1963). In responding to this assignment of error we do not attempt to distinguish the present situation from those which exist in the cases ci......
  • White v. Mississippi Power & Light Co.
    • United States
    • Mississippi Supreme Court
    • February 27, 1967
    ...Langford v. Mercurio, 254 Miss. 788, 183 So.2d 150 (Miss.1966); Miss. Power & Light Co. v. Walters, 248 Miss. 206, 158 So.2d 2, 160 So.2d 908 (1963); Dry v. Ford, 238 Miss. 98, 117 So.2d 456 (1960); Bishop v. Stewart, 234 Miss. 409, 106 So.2d 899 (1958); Murry Chevrolet Co. v. Cotten, 169 M......
  • Sulpher Springs Valley Elec. Co-op., Inc. v. Verdugo
    • United States
    • Arizona Court of Appeals
    • March 2, 1971
    ...court to determine whether there was prejudice or not. See Rhodig v. Cummings, 160 Colo. 499, 418 P.2d 521 (1966).4 The judgment in the Walters case was corrected as to costs and interest, which correction has nothing to do with the proposition for which it is cited and quoted here. Mississ......
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