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SMITH v. HENSON

381 S.W.2d 892 (1964)

Ralph H. SMITH, Administrator of the Estate of Sheila Gail Kendrick, Plaintiff in Error, v. Norman E. HENSON, Defendant in Error. Ralph H. SMITH, next friend of Dan Kendrick, a minor, Plaintiff in Error, v. Norman E. HENSON, Defendant in Error.

Supreme Court of Tennessee.

September 4, 1964.

Attorney(s) appearing for the Case

H.D. Kerr, Conrad Finnell, Cleveland, for plaintiffs in error.

Robert Kirk Walker, Strang, Fletcher, Carriger & Walker, Chattanooga, V.F. Carmichael, Cleveland, for defendant in error.

WHITE, Justice.

The trial court sustained the demurrers filed to the declarations in these two cases. Since they involve the same facts and substantially the same propositions of law, one opinion will be sufficient.

The declaration in the case brought by Ralph H. Smith, as administrator, etc., alleges:

"That on or about the 19th day of July, 1962, the deceased, at the Defendant's invitation, went to the...

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