City of Winchester v. Finchum

I respectfully dissent from the majority opinion for the following three reasons:

First, the motion for a directed verdict should have been sustained for the reason that there was no actionable negligence on the part of the City. City of Memphis v. Dush 199 Tenn. 653, 288 S.W.2d 713; City of Memphis v. McCrady, 174 Tenn. 162, 124 S.W.2d 248; Batts v. City of Nashville, 22 Tenn.App. 418, 123 S.W.2d 1099; Rye v. City of Nashville, 25 Tenn.App. 326, 156 S.W.2d 460.

The injuries sustained occurred on the sidewalk where it was crossed by a driveway leading to the residence of Herman Atnip. At this…