Nelson v. Clanton, 46692
| Decision Date | 12 June 1972 |
| Docket Number | No. 46692,46692 |
| Citation | 263 So.2d 787 |
| Parties | Mrs. Mildred Evelyn NELSON v. Carolyn CLANTON. |
| Court | Mississippi Supreme Court |
J. W. Kellum, Sumner, for appellant.
Crawley, Brooks & Guyton, John E. Shaw, Kosciusko, Dunbar & Merkel, Clarksdale, for appellee.
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 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. The jury accepted appellee's version of the accident and returned a verdict in her favor.
Appellant assigns two grounds for reversal of this case. They are (1) the failure of the trial court to grant her request for a peremptory instruction and, (2) the failure of the trial court to sustain her motion for a new trial.
Insofar as the first assignment of error is concerned, appellant in her brief merely states: 'That after a close examination of this record, we are of the opinion that the requested peremptory instruction should have been granted to the appellant.' Appellant does not point out why she was entitled to a peremptory instruction and does not cite any authority to support her opinion. Under these circumstances we would be justified in refusing to consider this assignment of error, but we have considered it and find it to be without merit. The trial court was correct in holding that it...
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Palmer v. Biloxi Regional Medical Center, Inc.
...Devereaux, 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 perem......
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R.C. Petroleum, Inc. v. Hernandez
...State, 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 ad......
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Wirtz v. Switzer
...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......
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Boykin v. Boykin, 07-CA-59612
...presented 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 T......