Wesco Paving Co. v. Nash

This is a tort action for damages for personal injuries. The parties will be referred to as they appeared in the trial court.

On the night of July 30,1949, the plaintiff, Irene Nash, was injured while walking along a pathway paralleling Brainerd Road, in the City of Chattanooga, by stepping into a pile of fresh dirt allegedly left in the pathway by defendant’s employees, and falling and breaking her left leg. Brainerd Road is a four-lane street running east and west, and is a heavily traveled thoroughfare. It is a part of the Lee Highway running from Knoxville, Cleveland and other points east…