Nelson v. Clanton, No. 46692

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtINZER; GILLESPIE
Citation263 So.2d 787
PartiesMrs. Mildred Evelyn NELSON v. Carolyn CLANTON.
Decision Date12 June 1972
Docket NumberNo. 46692

Page 787

263 So.2d 787
Mrs. Mildred Evelyn NELSON
v.
Carolyn CLANTON.
No. 46692.
Supreme Court of Mississippi.
June 12, 1972.

Page 788

J. W. Kellum, Sumner, for appellant.

Crawley, Brooks & Guyton, John E. Shaw, Kosciusko, Dunbar & Merkel, Clarksdale, for appellee.

INZER, Justice:

This is an appeal by Mrs. Mildred Evelyn Nelson from a judgment of the Circuit Court of Webster County dismissing her suit for damages for personal injury against appellee Carolyn Clanton. The judgment was entered as the result of a jury verdict in favor of appellee, and we affirm.

Appellant contends that she was injured when the automobile in which she was riding as a passenger was struck from the rear by an automobile driven by appellee. The accident happened about 5:30 P.M. on November 26, 1968, on U.S. Highway 82 near Greenwood. The proof shows that appellant was a passenger in the car driven by Mary Lynn Denton. They approached Highway 82 from the south on an access road intending to turn left to go to Greenwood. They stopped at a stop sign before entering the highway. Appellee was following immediately behind the Denton car and stopped her car at the stop sign. Highway 82 runs east and west and at this point is a four lane highway with a median strip dividing the two lanes of eastbound traffic from the two lanes of westbound traffic. According to appellant's version of the accident, Mrs. Denton waited for the traffic to clear the eastbound lane, then proceeded across those lanes, and stopped in the median strip to let the westbound traffic clear, and while stopped the car driven by appellee struck them from the rear. Appellee testified that she stopped behind the Denton car, that at the time the Denton car entered the highway, the traffic was clear for both east-and westbound traffic and that she was about one car length behind the Denton car when it reached the median strip. She said that the Denton car began to turn left into the westbound lane of traffic and suddenly stopped without giving a signal of any kind at a time when there was no reason for her to stop. She immediately applied her brakes and stopped. The impact was so slight that she did not know that she struck the Denton car until Mrs. Denton

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got out and told her that she had struck the Denton car. She said that there was no damage to her car and only slight damage to the bumper of the Denton car. She testified that appellant told the investigating officer that she was not hurt....

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6 practice notes
  • Palmer v. Biloxi Regional Medical Center, Inc., No. 07-CA-58671
    • United States
    • Mississippi Supreme Court
    • April 25, 1990
    ...493 So.2d 1310 (Miss.1986) (this Court declined to address issue for which no supportive authority was cited); Nelson v. Clanton, 263 So.2d 787 (Miss.1972) (this Court held that the plaintiff's failure on appeal to authoritatively support contention that she was entitled to peremptory instr......
  • R.C. Petroleum, Inc. v. Hernandez, No. 07-CC-58662
    • United States
    • United States State Supreme Court of Mississippi
    • January 10, 1990
    ...463 So.2d 1070 (Miss.1985); Redmon v. State, 457 So.2d 1344 (Miss.1984); Smith v. State, 430 So.2d 406 (Miss.1983); Nelson v. Clanton, 263 So.2d 787 (Miss.1972). Procedural bar aside, examination of the record reveals an absence of evidence supportive of Petroleum's contention. In addition,......
  • Wirtz v. Switzer, No. 07-CA-59508
    • United States
    • United States State Supreme Court of Mississippi
    • September 4, 1991
    ...further contend that the court erred in ruling that only Charlena could sit at the counsel table during the trial. In Nelson v. Clanton, 263 So.2d 787 (Miss.1972), the court allowed the defendant's invalid husband to sit at the counsel table during the trial. The plaintiff contended that th......
  • Boykin v. Boykin, No. 07-CA-59612
    • United States
    • Mississippi Supreme Court
    • June 27, 1990
    ...by party who failed to cite authoritative support); Devereaux v. Devereaux, 493 So.2d 1310 (Miss.1986) (same); Nelson v. Clanton, 263 So.2d 787 (Miss.1972) (same). This notwithstanding, examination of applicable law leads this Court to conclude that Henry's contention is without The general......
  • Request a trial to view additional results
6 cases
  • Palmer v. Biloxi Regional Medical Center, Inc., No. 07-CA-58671
    • United States
    • Mississippi Supreme Court
    • April 25, 1990
    ...493 So.2d 1310 (Miss.1986) (this Court declined to address issue for which no supportive authority was cited); Nelson v. Clanton, 263 So.2d 787 (Miss.1972) (this Court held that the plaintiff's failure on appeal to authoritatively support contention that she was entitled to peremptory instr......
  • R.C. Petroleum, Inc. v. Hernandez, No. 07-CC-58662
    • United States
    • United States State Supreme Court of Mississippi
    • January 10, 1990
    ...463 So.2d 1070 (Miss.1985); Redmon v. State, 457 So.2d 1344 (Miss.1984); Smith v. State, 430 So.2d 406 (Miss.1983); Nelson v. Clanton, 263 So.2d 787 (Miss.1972). Procedural bar aside, examination of the record reveals an absence of evidence supportive of Petroleum's contention. In addition,......
  • Wirtz v. Switzer, No. 07-CA-59508
    • United States
    • United States State Supreme Court of Mississippi
    • September 4, 1991
    ...further contend that the court erred in ruling that only Charlena could sit at the counsel table during the trial. In Nelson v. Clanton, 263 So.2d 787 (Miss.1972), the court allowed the defendant's invalid husband to sit at the counsel table during the trial. The plaintiff contended that th......
  • Boykin v. Boykin, No. 07-CA-59612
    • United States
    • Mississippi Supreme Court
    • June 27, 1990
    ...by party who failed to cite authoritative support); Devereaux v. Devereaux, 493 So.2d 1310 (Miss.1986) (same); Nelson v. Clanton, 263 So.2d 787 (Miss.1972) (same). This notwithstanding, examination of applicable law leads this Court to conclude that Henry's contention is without The general......
  • Request a trial to view additional results

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