SMITH v. SHELTON


569 S.W.2d 421 (1978)

Robert F. SMITH, Commissioner, Tennessee Department of Transportation, Petitioner, v. Madison SHELTON and wife, Ollie Shelton, Respondents.

Supreme Court of Tennessee.

July 31, 1978.


Attorney(s) appearing for the Case

Brooks McLemore, Jr., Atty. Gen., Robert J. Ames, Asst. Atty. Gen., Nashville, Ray Hollis, Special Trial Counsel, Waynesboro, for petitioner.

W.A. Harwell, Harwell, Bottoms & Plant, Lawrenceburg, for respondents.


OPINION

FONES, Justice.

We granted certiorari in this condemnation case to resolve a conflict of opinion among the members and sections of the Court of Appeals on the question of the proper scope of review to be applied by the Court of Appeals where, after a jury verdict for plaintiff, the trial judge suggests an additur.

What is said herein with respect to the scope of review of additurs applies to remittiturs, and vice versa. The cases cited herein...

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