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Oliver v. Miles

110 So. 666 (1927)

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Oliver v. Miles

Mississippi Supreme Court

110 So. 666 (1927)

Facts

While partridge hunting, L. S. Oliver and Gordon Shamburger (defendants) shot at a covey of birds flying near a highway and struck and injured Lavell Miles. Lavell had been walking along the highway on a footpath and as a result of being shot, lost an eye. Lavell’s father, Lee Miles (Miles) (plaintiff), sued Oliver and Shamburger, originally in a justice of the peace court for the injuries inflicted upon his son in the hunting accident. Judgment was rendered for Miles, and Oliver and Shamburger appealed to the circuit court, where a new trial was held. Oliver and Shamburger moved for directed verdict because Miles lacked proof of whose bullet struck Lavell, and they contended such proof was a condition for Miles’s recovery. The circuit judge agreed and forced Miles to elect Oliver or Shamburger or suffer the directed verdict. Miles elected a nonsuit to Shamburger and proceeded against Oliver. Miles received a verdict in his favor, and Oliver appealed. Oliver argued that Miles brought the action as a joint suit, that recovery may not be had against one alone, that Oliver and Shamburger’s actions were not joint but several, and that therefore one could not be liable for the other’s actions.

Rule of Law

Issue

Holding and Reasoning (Ethridge, J.)

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