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COMER v. GREGORY

No. 50312.

365 So.2d 1212 (1978)

James Elton COMER v. R. D. GREGORY, Administrator of the Estate of Sherman K. Chesnutt, Deceased.

Supreme Court of Mississippi.

Rehearing Denied January 24, 1979.

Attorney(s) appearing for the Case

Parker, Averill, Funderburk & Butts, Roy O. Parker, Tupelo, for appellant.

Ed W. Jenkins, Booneville, for appellee.

Before ROBERTSON, P.J., and WALKER and BROOM, JJ.

ROBERTSON, Presiding Justice, for the Court:

James Elton Comer appeals from a judgment of the Circuit Court of Itawamba County, Mississippi, in his favor and against Sherman Chesnutt, for $125 damages based on a jury verdict for that amount rendered on a second trial of his suit for personal injuries against Sherman Chesnutt, now deceased.

This suit was based on an assault and battery committed upon Comer when he...

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