Transcontinental Gas Pipe Line Corp. v. Rogers
Decision Date | 22 October 1973 |
Docket Number | No. 47257,47257 |
Citation | 284 So.2d 304 |
Parties | TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Defendant-Appellant, v. Houston ROGERS and Jewell Rogers, Plaintiffs-Appellees. |
Court | Mississippi Supreme Court |
M. M. Roberts, S. Wayne Easterling, Hattiesburg, John K. Keyes, Collins, for defendant-appellant.
No brief filed on behalf of plaintiffs-appellees.
This case arises from a tort suit in the Circuit Court of Covington County. The defendant below appeals from a jury verdict for the plaintiffs in the sum of $1750. No brief responding to that of the appellant has been filed by the appellees though a certified true copy of the appellant's brief was sent to them on October 31, 1972.
We have considered the brief and argument of the appellant, as well as the record, and we cannot with confidence affirm the case. In fact, it is our opinion that it is controlled by Lawler v. Moran, 245 Miss. 301, 148 So.2d 198 (1963), wherein we stated in quoting from Gulf, M. & O.R. Co. v. Webster County, 194 Miss. 660, 13 So.2d 644 (1943):
(245 Miss. at 302, 140 So.2d at 199).
See the more recent cases of Jackson v. Walker, 240 So.2d 606 (Miss.1970); Charles F. Hayes & Associates, Inc. v. Blue, 233 So.2d 127 (Miss.1970), and United States Fidelity & Guaranty Co. v. State, 204 So.2d 852 (Miss.1967), to the same effect.
The judgment of the lower court is reversed and remanded to the Circuit Court of Covington County for a trial upon the question of damages only. See Graves, Proof of Damages to Property in Tort Actions, 33 Miss.L.J. 151 (1962), and Southland Co. v. Aaron, 221 Miss. 59, 72 So.2d 161 (1954), relating to this issue.
Reversed and remanded.
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...the judgment of the court below would be reversed." Green v. Green, 317 So.2d 392, 393 (Miss.1975) (citing Transcontinental Gas Pipe Line Corp. v. Rogers, 284 So.2d 304 (Miss.1973)). "Automatic reversal is not required where appellee fails to file a brief." Selman v. Selman, 722 So.2d 547, ......
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...case and render judgment of the appellant because of the failure to file a brief under the authority of Transcontinental Gas Pipe Line Corporation v. Rogers, 284 So.2d 304 (Miss.1973); Jackson v. Walker, 240 So.2d 606 (Miss.1970); Charles F. Hayes and Associates v. Blue, 233 So.2d 127 (Miss......