SIMMONS v. AMERADA HESS CORP.

No. 78-3650.

619 F.2d 440 (1980)

Barry G. SIMMONS, Plaintiff-Appellant, v. AMERADA HESS CORPORATION and Brown & Root, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 18, 1980.


Attorney(s) appearing for the Case

William E. Andrews, Jr., Purvis, Miss., for plaintiff-appellant.

Zachery & Gillespie, Jere R. Ramsay, George E. Gillespie, Hattiesburg, Miss., for Brown & Root.

Before WISDOM, RONEY and HATCHETT, Circuit Judges.


PER CURIAM:

This case involves a settled doctrine of Mississippi negligence law: An act which merely furnishes the condition or occasion upon which injuries are received, but which does not put in motion the agency by or through which the injuries are inflicted, does not constitute the proximate cause of the harm. Mississippi City Lines, Inc. v. Bullock, 194 Miss. 630, 13 So.2d 34, 36 (1943). Based on this doctrine, we affirm the district court's entry of summary...

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