Smith v. Kilpatrick

This was a suit for damages for the death of Vicki Smith, a three year old child. It was brought by her father, William Jack Smith, in the Circuit Court of the First Judicial District of Hinds County under the provisions of Mississippi Code Annotated section 1453 (1956), against Mrs. Dorothy Kilpatrick.

At the conclusion of the evidence offered by the plaintiff, which included the testimony of Mrs. Kilpatrick *158as an adverse witness, a motion was made to direct the jury to return a verdict for the defendant, and this motion was sustained by the court. A judgment was entered accordingly and from…