BALLEW v. CITY OF CHATTANOOGA


326 S.W.2d 466 (1959)

Harley BALLEW v. CITY OF CHATTANOOGA, Tennessee, et al.

Supreme Court of Tennessee.

June 5, 1959.


Attorney(s) appearing for the Case

Crawford & Morgan, Chattanooga, for plaintiff in error.

E. K. Meacham, Chattanooga, for defendant in error.


TOMLINSON, Justice.

This is an appeal in error from the judgment of the Circuit Court sustaining the demurrer of the City of Chattanooga to the declaration of Ballew, who sued the City of Chattanooga for damages resulting from an alleged tort.

The Court overrules the motion to dismiss the appeal because the policeman who is alleged to have committed the negligent act is not a party to the suit. It is not a legal requirement that the agent or servant be made...

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