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SHEETS v. BURLESON

488 S.W.2d 365 (1972)

Jerry SHEETS, Appellant, v. Mrs. Bess Remine BURLESON, Trustee d/b/a Remine Memorial Company, Appellee.

Supreme Court of Tennessee.

December 18, 1972.

Attorney(s) appearing for the Case

Shelby W. Smoot, Smoot & Hawkins, Kingsport, for appellant.

James A. Weller, Epps, Powell, Weller, Miller & Epps, Johnson City, for appellee.

OPINION

DYER, Chief Justice.

The appellant appeals from the action of the trial judge in dismissing his complaint upon the motion that the complaint fails to state a cause of action. In this opinion the parties will be referred to as was their status in the trial court; that is, Jerry Sheets as plaintiff, and Mrs. Bess Remine Burleson, Trustee, as defendant.

Defendant maintained a metal-type fence with sharp spear-like ends on its property adjacent...

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