MASHBURN v. NE-HI BOTTLING CO.


232 S.W.2d 11 (1950)

MASHBURN v. NE-HI BOTTLING CO. et al.

Supreme Court of Tennessee.

July 15, 1950.


Attorney(s) appearing for the Case

McAllester & McAllester, Chattanooga, for plaintiff in error.

Frank N. Bratton, Athens, R. A. Davis, Athens, for defendant in error.


GAILOR, Justice.

Petition to rehear has been filed which complains of certain statements of fact in our former opinion: (1) It is insisted that petitioner's head was crushed by a tractor, and not as we stated, by a truck. This is a workmen's compensation case and it is immaterial whether the machine was a tractor or a truck since petitioner was using the machine in the course of his employment. (2) We stated that the driveway upon which petitioner was working at the...

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