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J.W. OWEN, INC. v. BOST

364 S.W.2d 499 (1961)

J.W. OWEN, INC. and Zellner Kyle, Plaintiffs-in-Error, v. Willie Harold BOST and wife, Mary BOST, Defendants-in-Error.

Court of Appeals of Tennessee, Western Division at Jackson.

Certiorari Denied November 28, 1962.

Attorney(s) appearing for the Case

John R. Gilliland, Frank J. Glankler, Jr., Montedonico, Boone, Gilliland, Heiskell & Loch, Memphis, for plaintiffs in error.

Thomas R. Prewitt, Armstrong, McCadden, Allen, Braden & Goodman, Memphis, for defendants in error.

Certiorari Denied by Supreme Court November 28, 1962.

CARNEY, Judge.

The jury below returned a verdict of $25,000 in favor of the plaintiffs, Willie Harold Bost and wife, Mary W. Bost, against the defendants, J.W. Owen, Inc. and Zellner Kyle. Plaintiffs' 3-year-old son, Willie Harold Bost, Jr., was run over and killed by a dump truck driven by the defendant, Zellner Kyle, employee of J.W. Owen, Inc. The Trial Court suggested a remittitur of $7,500 and rendered...

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