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SMITH v. SLOAN

227 S.W.2d 2 (1950)

SMITH et al. v. SLOAN.

Supreme Court of Tennessee.

February 10, 1950.

Attorney(s) appearing for the Case

Creekmore & Buhl, Knoxville, Tenn., for plaintiff in error.

Poore, Cox, Baker & McAuley, Knoxville, Tenn., for defendants in error.

GAILOR, Justice.

Petition for rehearing has been filed in this cause and the following statement of our former opinion is criticized: "The plaintiff, her brother, and her mother, testified that the grating was displaced and lying diagonally across the opening, above the floor, and not fitted into its proper place." [225 S.W.2d 539, 541]

In the petition it is admitted that on her direct examination, the mother testified as...

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