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HALL v. DUKE

513 S.W.2d 776 (1974)

Philenia HALL, Petitioner, v. Gertrude DUKE, Respondent.

Supreme Court of Tennessee.

July 22, 1974.

Attorney(s) appearing for the Case

L. Dean Moore, and Jon E. Jones, Cookeville, for petitioner.

T. Eugene Jared, and James D. Madewell, Cookeville, for respondent.

OPINION

W.M. LEECH, Special Justice.

This is a tort action that arose as the result of the plaintiff breaking her foot when the porch swing belonging to the defendant accidently fell on it. The case was tried before a jury in the Putnam County Circuit Court. At the conclusion of the plaintiff's proof and again at the conclusion of all the proof, defendant moved for a directed verdict. In each instance the motion was overruled. Subsequently the cause was...

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