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SMITH v. KILPATRICK

No. 43725.

254 Miss. 155 (1965)

180 So.2d 607

SMITH v. KILPATRICK

Supreme Court of Mississippi.

December 6, 1965.

Attorney(s) appearing for the Case

Waller, Pritchard & Fox, Jackson, for appellant.

Lipscomb, Barksdale & Steen, Jackson, for appellee.

SMITH, J.

This was a suit for damages for the death of Vicki Smith, a three year old child. It was brought by her father, William Jack Smith, in the Circuit Court of the First Judicial District of Hinds County under the provisions of Mississippi Code Annotated section 1453 (1956), against Mrs. Dorothy Kilpatrick.

At the conclusion of the evidence offered by the plaintiff, which included the testimony of Mrs. Kilpatrick

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