Belote Ex Rel. Parker v. Memphis Development Co.

In this case certiorari has heretofore been granted. In granting the certiorari counsel were requested to limit, their argument to answer the question proposed in a memorandum to them as to whether or not the rule as annunciated in Smith v. Tucker, 151 Tenn. 347, 270 S.W. 66, 41 A.L.R. 830, should be modified so as to make the exception as set forth in Restatement of the Law, Torts, Section 353, applicable when the facts meet the test as set forth in this latter exception to the rule. Argument has now been heard, briefs filed, and after much thought and consideration and investigation we are…