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Goin v. Gammill

Supreme Court of Mississippi
Apr 27, 1953
64 So. 2d 337 (Miss. 1953)

Opinion

No. 38735.

April 27, 1953.

Proof poorly developed yet sufficient to go to jury — striking from file paper having no bearing on merits of the appeal.

APPEAL from the circuit court of Grenada County; HENRY L. RODGERS, Judge.

Stone Stone, for appellant.

Leon E. Provine and Noel W. Buckley, for appellee.

Counsel for appellant has assigned numerous errors in his assignment of errors, but has wholly failed to argue any one of them, merely stating that "So I base my case on this showing that they have not made out a case for one dollar against anybody for anything." He cites no authorities to support his contentions.

The appellant has not complied with Rule 7, p. 2 of the revised rules of the Supreme Court of Mississippi, in that he does not argue any points, nor has he cited any authorities to support his contentions. This Court has held on numerous occasions that this rule shall be observed. We shall now cite some of the cases in which this point was raised, either by counsel or by the Court of its own volition. E.L. Bruce Co., et al. v. Brogan, (Miss.), 166 So. 350; Johnson v. State, 154 Miss. 512, 122 So. 529; Goodyear Yellow Pine Co. v. Lumpkin, 158 Miss. 512, 130 So. 745.


Appellee sued appellant in a justice of the peace court for alleged damages to appellee's automobile negligently caused by appellant. On trial de novo in the circuit court after an appeal, appellee recovered judgment for $185.12, the amount claimed in the declaration.

Appellee's proof was that on a certain afternoon he was driving his Ford car in a northerly direction on Highway 51 just south of Grenada. He was following another car; he was driving at twenty or twenty-five miles per hour; and he was on the right side of the road. A car driven by appellant struck appellee's car from the rear and damaged it. Appellee took his car to a repair shop, where a mechanic made an estimate of repairs two days later. Practically every item on the estimate concerns repairs and replacements on the rear-end of appellee's Ford. The total estimate was $233.56. Appellant did not testify.

The principal point argued on this appeal is that a peremptory instruction should have been granted to appellant (defendant). Although the proof with respect to the damages is poorly developed, yet, on the whole, we find that it was sufficient to take the case to the jury, and we cannot say that the trial judge was in error.

Appellant also argues that it was error to include in the record on appeal a certain paper in the nature of an assignment to an insurance company, which the court below struck from the file and which was, on motion by appellee, ordered by this Court to be sent up as a part of the record. This paper has no bearing on the merits of this appeal, and we fail to see any error in this connection.

Affirmed.

McGehee, C.J., and Hall, Holmes and Arrington, JJ., concur.


Summaries of

Goin v. Gammill

Supreme Court of Mississippi
Apr 27, 1953
64 So. 2d 337 (Miss. 1953)
Case details for

Goin v. Gammill

Case Details

Full title:GOIN v. GAMMILL

Court:Supreme Court of Mississippi

Date published: Apr 27, 1953

Citations

64 So. 2d 337 (Miss. 1953)
64 So. 2d 337
29 Adv. S. 9