AGREGAARD v. DUNCAN

No. 43431.

252 Miss. 454 (1965)

173 So.2d 416

AGREGAARD, et al. v. DUNCAN

Supreme Court of Mississippi.

March 22, 1965.


Attorney(s) appearing for the Case

John M. Sekul, Biloxi; Forrest B. Jackson, Jackson, for appellant.

Eaton, Cottrell, Galloway & Lang, Rae Bryant, Gulfport, for appellee.


ETHRIDGE, J.

(Hn 1) Appellants, Byron Agregaard and others, brought this action in the Circuit Court of Harrison County against Dr. R.J. Duncan for the alleged wrongful death of their 6 1/2-year-old son and brother, Gary Agregaard. Although expressing considerable doubt as to whether plaintiffs' evidence made a jury issue on negligence by Duncan, the circuit court submitted the case to the jury. After verdict and judgment for plaintiffs, the trial court...

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