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Kramer Service, Inc. v. Wilkins

Mississippi Supreme Court
186 So. 625 (Miss. 1939)


Facts

Mr. Clockey was a guest in a hotel owned by Kramer Service, Inc. (Kramer) (defendant). When Wilkins (plaintiff) came to see Clockey at the hotel for a meeting, a piece of glass fell on Wilkins and caused three wounds to his head, including one on his temple. When the cut on Wilkins's temple failed to heal two years after the injury, Wilkins went to a specialist and found skin cancer at the place where the cut had occurred. Wilkins brought suit against Kramer for negligence and presented evidence that the door was in disrepair and the condition had lasted long enough to charge Kramer with notice of the defect. Two medical experts testified at trial. One stated that it was possible, but not probable, that Wilkins's cut caused the cancer. The other stated that there was no chance that the cut caused the cancer. Kramer requested a jury instruction that Wilkins's cancer should not be considered by the jury, but the trial court refused to give that instruction. The jury found in favor of Wilkins and awarded him $20,000. Kramer appealed.

Rule of Law

Issue

Holding and Reasoning (Griffith, J.)

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