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McCONNELL v. EUBANKS

No. 44173.

193 So.2d 425 (1966)

James E. McCONNELL, Jr., James W. McConnell d/b/a McConnell Brothers Transfer & Storage and Mid Thomas, Jr. v. Mrs. Agnes Pauline EUBANKS.

Supreme Court of Mississippi.

December 12, 1966.

Attorney(s) appearing for the Case

Rae Bryant, Gulfport, Simrall, Aultman & Pope, Hattiesburg, W.S. Murphy, Lucedale, for appellants.

Cumbest, Cumbest, O'Barr & Shaddock, Pascagoula, for appellee.

M.M. Roberts, Hattiesburg, for Aero Mayflower Transit Co.

SMITH, Justice:

John Malcolm Eubanks, Jr. died January 24, 1964, as the result of injuries received when the Volkswagen which he was driving collided with a trailer-truck, being driven by appellant Mid Thomas, Jr. on Mississippi Highway #26, a few miles west of Lucedale.

An action for damages was brought by Eubanks' wife and children, under the provisions of Mississippi Code Annotated section 1453 (Supp. 1964), sometimes...

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