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HATHORN v. HAILEY

No. 56650.

487 So.2d 1342 (1986)

Joyce Ann HATHORN, Widow of Murtle Lee Hathorn, Deceased v. George L. HAILEY.

Supreme Court of Mississippi.

May 7, 1986.

Attorney(s) appearing for the Case

R.W. Boydstun, Jr., Louisville, for appellant.

Niles McNeel, Louisville, for appellee.

Before PATTERSON, C.J., and DAN M. LEE and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

I.

On October 5, 1984, Murtle Lee Hathorn was engaged by George L. Hailey to cut trees on Hailey's property near the Claytown Community in Winston County. Hailey intended to use the cut wood as firewood. As fate would have it, the first tree cut by Hathorn fell on a limb, "kicked back" and struck Hathorn in the chest and killed him.

Hathorn's widow thereafter brought a wrongful death action against Hailey. Miss...

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