MISSISSIPPI POWER & LIGHT CO. v. LUMPKIN

No. 92-CA-00356-SCT.

725 So.2d 721 (1998)

MISSISSIPPI POWER & LIGHT COMPANY v. Leslie LUMPKIN, Individually and as Mother and Next Friend of Kristen Black, a Minor.

Supreme Court of Mississippi.

Rehearing Denied August 6, 1998.


Attorney(s) appearing for the Case

Natie P. Caraway, Wise Carter Child & Caraway, Jackson, Joseph P. Wise, Jackson, Attorney for Appellant.

William Liston, Winona, Dennis C. Sweet, III, Langston Frazer Sweet Freese, Jackson, Attorney for Appellee.

EN BANC.


BANKS, Justice, for the Court:

¶ 1. Here we consider the question whether a utility company may be liable for injuries suffered by a passenger where a negligent driver strikes one of its poles in a public right-of-way, off the traveled portion of a highway. We answer the question in the affirmative, where a properly instructed jury finds that there was negligence in the placement or maintenance of the pole and that such negligence proximately contributed to the...

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