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DEMPSEY v. KNIGHTON

No. 46093.

244 So.2d 721 (1971)

Roger DEMPSEY, Plaintiff-Appellant, v. Mrs. Dorothy B. KNIGHTON, Admr. of Estate of Billy Gene Knighton, Deceased, Defendant-Appellee.

Supreme Court of Mississippi.

Rehearing Denied March 8, 1971.

Attorney(s) appearing for the Case

Crawley & Ford, David Crawley, III, Kosciusko, for plaintiff-appellant.

J. Hoy Hathorn, Fair & Mayo, Louisville, Stone & Graham, Columbus, for defendant-appellee.

PATTERSON, Justice:

This is an appeal by Roger Dempsey, plaintiff, from a judgment of the Circuit Court of Winston County in a personal injury suit wherein the jury found for the defendant, Mrs. Dorothy B. Knighton, administratrix of the estate of her deceased husband, Billy Gene Knighton. We reverse and remand because the lower court granted the defendant an instruction not supported by evidence and an erroneous "assumption of risk" instruction.

On June 28...

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