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BLEDSOE COUNTY HIGHWAY DEPARTMENT v. PENDERGRASS

330 S.W.2d 313 (1959)

BLEDSOE COUNTY HIGHWAY DEPARTMENT and Indemnity Insurance Company of North America, Plaintiff in Error, v. Stella V. PENDERGRASS, Widow of Willos E. Pendergrass, Deceased, Defendant in Error.

Supreme Court of Tennessee.

December 11, 1959.

Attorney(s) appearing for the Case

Milligan, Milligan & Hooper, Chattanooga, for plaintiff in error.

Van Derveer & Brown, Chattanooga, for defendant in error.

SWEPSTON, Justice.

The deceased, Willos E. Pendergrass, husband of the above named petitioner, had been employed as a night watchman by the Bledsoe County Highway Department for about 5 years prior to his death. His duties as such night watchman required that he begin work about 5:00 P.M. and remain until daylight. His duties consisted of inspecting and watching equipment in and around the Highway Department Garage; in doing so, it was necessary for him to make use...

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