Legal Opinion · Dissent

Film Transit Co. v. Crapps

Mississippi Supreme Court

Decided April 28, 1952No. 38289Published

1DissentHall, J.

I respectfully dissent from tbe majority bolding in this case to tbe effect that tbe two quoted instructions were in irreconcilable conflict. I think the controlling opinion is erroneous and that this error arises from tbe fact that tbe opinion places undue emphasis on the word “immediately” and gives it a strained and narrow *136meaning, assuming that it means “instantly” and nothing else. It is significant to observe that not a single authority is cited to support the majority view.

In 42 C. J. S., pages 387-388, the following is said with reference to the word “immediate”:

“A comprehensive and…

2Cases cited12 opinions

  1. Lucedale Veneer Co. v. RogersMississippi Supreme Court · 1950
  2. State Ex Rel. Knox. v. Wyoming Mfg. Co.Mississippi Supreme Court · 1925
  3. Green v. MaddoxMississippi Supreme Court · 1933
  4. Lamar Hardwood Co. v. CaseMississippi Supreme Court · 1926
  5. Fairly v. AlbrittonMississippi Supreme Court · 1920

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