RUTH v. RUTH


372 S.W.2d 285 (1963)

George Robert RUTH, Plaintiff in Error, v. Dean A. RUTH, Defendant in Error.

Supreme Court of Tennessee.

November 6, 1963.


Attorney(s) appearing for the Case

Hugh P. Garner, Morgan & Garner, Chattanooga, for plaintiff in error.

J. Thomas Mann, and Folts, Bishop, Thomas, Leitner, & Mann, Chattanooga, for defendant in error.


HOLMES, Justice.

The questions presented in this case are whether or not the declaration of the plaintiff states a cause of action for negligence against the defendant, and whether or not the declaration shows on its face that the plaintiff was guilty of proximate contributory negligence as a matter of law. The parties will be referred to as they appeared in the Trial Court. The Trial Judge sustained defendant's demurrer to the declaration. The plaintiff has duly...

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