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Herod v. Grant
Mississippi Supreme Court
262 So.2d 781 (1972)
- Written by Brian Meadors, JD
Facts
Joseph Grant (plaintiff) and Eddie Herod (defendant) were chasing and shooting deer while driving in Herod’s pickup truck at night in a plowed field. Grant sat in the bed of the truck, cross-legged and on top of a toolbox, while shooting. Herod drove the truck at about 15 to 20 miles per hour along the rows of the field. Grant fell out of the truck and suffered serious injuries. Grant sued. Herod, in defense, argued that Grant assumed the risk and could not recover. The trial court entered a verdict for Grant. Herod appealed.
Rule of Law
Issue
Holding and Reasoning (Patterson, J.)
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