Layton v. COOK'S PHARMACY

Appellants, Kenneth C. Layton and others, brought this action in the Circuit Court of Harrison County against Shirley Edward Cook, doing business as Cook’s Pharmacy, the appellee, seeking damages for the alleged wrongful death of their son and brother, Kenneth (Kenny) C. Layton, Jr. Miss. Code 1942, Rec., '§ 1453. Kenny was killed on March 20, 1962 when struck by a Volkswagen automobile driven by Stephen H. Ross, III, who was Cook’s employee and was driving the car on an errand for him. At the first trial, the jury returned a verdict for defendant. The circuit court granted a new trial. On…