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RYDER TRUCK RENTAL, INC. v. PHIPPS

374 S.W.2d 402 (1964)

RYDER TRUCK RENTAL, INC., Plaintiff in Error, v. Edsel PHIPPS, and Rowdy Ward, Defendants in Error.

Supreme Court of Tennessee.

January 8, 1964.

Attorney(s) appearing for the Case

William H. Cate, Kingsport, for plaintiff in error.

Milligan, Silvers & Coleman, Greeneville, Tom H. Rogan, Rogersville, for defendants in error.

WHITE, Justice.

On August 16, 1960 a truck owned by plaintiff in error, (plaintiff below) Ryder Truck Rental, Inc., and operated by an agent of Colonial Refrigerated Transportation, Inc., collided with an automobile owned by defendant Edsel Phipps (a passenger in his car at the time), and driven by the defendant Rowdy Ward.

On May 18, 1961, Mr. Phipps filed a damage suit in the Hawkins County Circuit Court for his personal injuries and property

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