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BILOXI ELECTRIC CO. v. THORN

No. 46681.

264 So.2d 404 (1972)

BILOXI ELECTRIC CO., Inc., et al. v. O.L. THORN.

Supreme Court of Mississippi.

June 19, 1972.

Attorney(s) appearing for the Case

Megehee & Brown, Pascagoula, for appellants.

Hurlbert & O'Barr, Biloxi, for appellee.

JONES, Justice:

The Circuit Court of Jackson County became the first on our record to apply an additur as authorized by Section 1686.5, Mississippi Code 1942 Annotated (Supp. 1971), reading as follows:

The Supreme Court or any other court of record in a case in which money damages were awarded may overrule a motion for new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the damages are excessive...

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