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SWINEY v. MALONE FREIGHT LINES

545 S.W.2d 112 (1976)

Davis M. SWINEY and wife Helen Swiney, Plaintiffs-Appellees, v. MALONE FREIGHT LINES and Charles Wayne Wilson, Defendants-Appellants.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied July 26, 1976.

Attorney(s) appearing for the Case

Dennis H. Inman, Morristown, for Malone Freight Lines and Charles Wayne Wilson.

Howard W. Rhea, Sneedville, for Davis M. Swiney and wife Helen Swiney.

Certiorari Denied by Supreme Court July 26, 1976.

GODDARD, Judge.

OPINION

This appeal presents two principal questions, the first of which, insofar as we have been able to determine, is one of first impression in this state: (1) Does the doctrine of res ipsa loquitur apply where a wheel becomes detached from a moving vehicle, and (2) if so, did the Defendants introduce sufficient proof to entitle them to a directed verdict at the conclusion...

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