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Denman v. Spain

Mississippi Supreme Court

135 So.2d 195 (Miss. 1961)

Relevant factsFree

Betty Denman (plaintiff), who could not remember the accident, sued the estate of driver Joseph Ross for injuries from a highway collision on a rainy, foggy day, offering only a witness's testimony that Ross had earlier passed him at 75-80 mph while staying in his correct lane, with no eyewitnesses to the actual collision and no evidence about which side of the road it occurred on; the jury found for Denman, but the trial court granted the defendant's motion for judgment notwithstanding the verdict.

IssueFree

Whether judgment in a civil suit for personal injury can be based on mere possibility.

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