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HYNUM v. SMITH

No. 54097.

447 So.2d 1288 (1984)

Randy HYNUM v. George D. SMITH, Father and Next Friend of Connie Smith.

Supreme Court of Mississippi.

April 4, 1984.

Attorney(s) appearing for the Case

Thomas C. Gerity, Watkins & Eager, Jackson, R. Eugene Parker, Jr., Varner, Parker & Sessums, Vicksburg, for appellant.

Gerald E. Braddock, Ellis, Braddock & Bost, Vicksburg, for appellee.

Before ROY NOBLE LEE, P.J., and HAWKINS and DAN M. LEE, JJ.

DAN M. LEE, Justice, for the Court:

This is an appeal from the Circuit Court of Warren County wherein the trial judge gave the jury a peremptory instruction requiring them to find the defendant/appellant liable while at the same time granting an instruction on contributory negligence thereby leaving the calculation of damages as the sole question for the jury. The jury returned a verdict of $35,000.00 and upon a motion...

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