321 S.W.2d 791 (1959)

C.F. RULE CONSTRUCTION CO., Plaintiff in Error, v. CUMBERLAND RIVER SAND CO., Defendant in Error.

Supreme Court of Tennessee.

January 23, 1959.

Attorney(s) appearing for the Case

Hardin H. Conn, Nashville, for plaintiff in error. Stanly T. Snodgrass and Graham B. Boyce, Nashville, of counsel.

Bass, Berry & Sims, Wilson Sims, Nashville, for defendant in error.

SWEPSTON, Justice.

Before stating the questions to be decided on this appeal, it is necessary to make a brief statement of the proceedings leading up to same.

This suit arose out of a collision between a barge tow moving upstream in the Cumberland River with a bridge pier in course of construction. The bridge pier was being constructed by the C.F. Rule Construction Company during the year 1951 for the new bridge known as the Victory Memorial Bridge across...

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