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TOWN OF NEWPORT v. BREWER

566 S.W.2d 873 (1978)

TOWN OF NEWPORT, Petitioner, v. Ambrose BREWER d/b/a Ambrose Brewer Grading Contractor, Respondent.

Supreme Court of Tennessee.

June 5, 1978.

Attorney(s) appearing for the Case

Roy T. Campbell, Jr., Newport, for petitioner; Campbell & Hooper, Newport, of counsel.

Ralph H. Noe, Jr., Morristown, for respondent; Noe & Hinsley, Morristown, of counsel.

OPINION

BROCK, Justice.

The Town of Newport sues the defendant, Ambrose Brewer, for damages for injuries to the town's streets alleged to have resulted from the negligence of the defendant in operating a fleet of large heavy dump trucks over its streets, the defendant well knowing that his trucks were destroying the pavement. The trial court heard the case without a jury and awarded damages in the sum of $3,000.00. However, upon appeal, the Court of Appeals...

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