Smith v. Henson

The trial court sustained the demurrers filed to the declarations in these two cases. Since they involve the same facts and substantially the same propositions of law, one opinion will be sufficient.

The declaration in the case brought by Ralph H. Smith, as administrator, etc., alleges:

“That on or about the 19th day of July, 1962, the deceased, at the Defendant’s invitation, went to the Defendant’s home which is located on the side of a high steep hill near Charleston, Tennessee, at a point in Bradley County, Tennessee overlooking the Hiwassee River. On the date of said visit, and prior…