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SPAIN v. LIVINGSTON

440 S.W.2d 805 (1968)

Lloyd George SPAIN, next of kin of David Wayne Spain, Deceased v. J. D. LIVINGSTON and Smith-Higgins Company, Inc.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied April 7, 1969.

Attorney(s) appearing for the Case

Bernard Cantor, Warren Hogston, Johnson City, for plaintiffs in error, Lloyd George Spain and David Wayne Spain.

Thomas E. Mitchell, Johnson City, for defendant in error, J.D. Livingston.

Wilson, Worley, Gamble & Dodson, Kingsport, for defendent in error, Smith-Higgins Co., Inc.

Certiorari Denied by Supreme Court April 7, 1969.

OPINION

COOPER, Judge.

Lloyd George Spain, as next of kin, brought suit against J.D. Livingston and the Smith-Higgins Company, Livingston's employer, to recover damages for the death of David Wayne Spain, who was struck by an automobile driven by Livingston. At the time Spain was struck, he and a friend were pushing a disabled motorcycle in an easterly direction and were on the extreme right-hand...

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