Walker v. Jones County Community Hospital, 46327

Decision Date11 October 1971
Docket NumberNo. 46327,46327
Citation253 So.2d 385
PartiesRobert J. WALKER, Administrator of the Estate of Lenoir James Walker, Deceased, v. JONES COUNTY COMMUNITY HOSPITAL.
CourtMississippi Supreme Court

Jon A. Swartzfager, Laurel, for appellant.

Gibbes, Graves, Mullins & Bullock, Laurel, for appellee.

SUGG, Justice.

This is an appeal from the Circuit Court of Jones County, Mississippi, from a jury verdict in favor of appellee.

On February 8, 1971, this Court sustained a motion to strike the court reporter's notes, 244 So.2d 21, and on March 15, 1971, sustained a motion to strike a portion of appellant's brief.

Appellant assigns as error the following:

1. The verdict of the jury is so contrary to the overwhelming weight of the evidence as to evince bias and prejudice on the part of the jury against the appellant.

2. The court erred in refusing the appellant certain requested instructions as to the law of the case.

3. The court erred in overruling the appellant's motion for a new trial.

The transcript of evidence is necessary for the Court to properly evaluate these assignments of error, and since the testimony is not before the Court, the errors, if any, are not shown by the portion of the record before the Court. We indulge the presumption that the judgment below was correct.

Affirmed.

RODGERS, P.J., and BRADY, PATTERSON and SMITH, JJ., concur.

To continue reading

Request your trial
9 cases
  • Brooks v. State, 98-KA-00322-SCT.
    • United States
    • Mississippi Supreme Court
    • 7 Octubre 1999
    ...error is claim[ed] is brought before this Court. Smith v. State, 572 So.2d 847, 849 (Miss. 1990) (citing Walker v. Jones County Community Hosp., 253 So.2d 385 (Miss.1971)). Because we are unable to review the photographs, we defer to the trial judge in his ruling. We must accept the trial c......
  • Queen v. Queen
    • United States
    • Mississippi Supreme Court
    • 2 Agosto 1989
    ...Blackwell v. Sessums, 284 So.2d 38, 39 (Miss.1973); Shelton v. Kindred, 279 So.2d 642, 644 (Miss.1973); Walker v. Jones County Community Hospital, 253 So.2d 385 (Miss.1971). In route to affirmance in Ford, we We have concluded ... on the basis of the appellant's assignment of errors and its......
  • McKnight v. State, 97-KA-01512-COA.
    • United States
    • Mississippi Court of Appeals
    • 20 Abril 1999
    ...appellant to see that the record of trial proceedings wherein error is claim[ed] is brought before this Court. Walker v. Jones County Community Hospital, 253 So.2d 385 (Miss.1971). Smith, 572 So.2d at ¶ 13. We also reject the argument that it is the trial court's responsibility to present t......
  • Wilson v. State
    • United States
    • Mississippi Supreme Court
    • 30 Junio 1994
    ...proceedings supporting error is brought before this Court. Smith v. State, 572 So.2d 847, 849 (Miss.1990); Walker v. Jones County Community Hospital, 253 So.2d 385 (Miss.1971). That there is support for this contention in the omitted arguments is purely Under the standard of Thomas and Harp......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT