City of Memphis v. Dush

I am forced to dissent from the majority opinion. I feel that the facts of this case present a jury question as was determined by the trial court and the Court of Appeals. There is a disputed question of fact here involved wherein reasonable men disagree and under such circumstances the question is one for the jury under proper instructions from the court.

The majority opinion is apparently bottomed on the ease of City of Memphis v. McCrady, 174 Tenn. 162, 124 S. W. (2d) 248. This case, the McCrady case, only decides that in these sidewalk cases,

“where the evidence is conflicting, or the facts…