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RUSSELL v. CITY OF CHATTANOOGA

279 S.W.2d 270 (1954)

Grace T. RUSSELL, Adm'x of Paul Thomas Russell, Plaintiff-in-Error, v. CITY OF CHATTANOOGA, Defendant-in-Error. and Grace T. RUSSELL, Adm'x of William Donald Russell, Plaintiff-in-Error, v. CITY OF CHATTANOOGA, Defendant-in-Error.

Court of Appeals of Tennessee, Western Section at Knoxville.

Certiorari denied November 16, 1954.

Attorney(s) appearing for the Case

Atchley & Atchley, of Chattanooga, for plaintiff in error.

J.W. Anderson and E.K. Meacham, both of Chattanooga, for defendant in error.

Certiorari denied by Supreme Court, November 16, 1954.

CARNEY, Judge.

These two suits arose out of the death by drowning of William Donald Russell, aged 9, and his brother, Paul Thomas Russell, aged 10, in a deep, long trench dug by the defendant, City of Chattanooga, for the purpose of disposing of city garbage. At the conclusion of plaintiff's proof, upon motion, a directed verdict in favor of the defendant was granted by the Trial Court in each case.

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