Legal Opinion

Darby v. Pidgeon Thomas Iron Co.

Tennessee Supreme Court

Decided April 15, 1921PublishedCited by 10 opinions

FROM SHELBY. Appeal from the Circuit Court of Shelby County to the Court of Civil Appeals, and by certiorari to the Court of Civil Appeals from the Supreme Court. — Hon. H. W. Laugh-din, Judge.

1Opinion of the CourtJustice McKinney

Mr. Darby sued the Iron Company for damages resulting from an automobile collision.

At the conclusion of the plaintiff’s evidence a motion for a directed verdict was made by the defendant company. Thereupon plaintiff introduced other evidence, at the close of which the court remarked: “Well, the evidence is not sufficient. The motion will have to be sustained.” Whereupon the plaintiff announced that he would take a nonsuit, to which the court replied: “It is too late now, Brother Hays.” To this action of the court the plaintiff duly excepted.

The jury was out of the courtroom during all of the…

2Cases cited15 opinions

  1. Bee Building Co. v. DaltonNebraska Supreme Court · 1903
  2. Haile v. Mason Hotel & Investment Co.Supreme Court of Florida · 1916
  3. Cunningham v. Memphis Railroad Terminal Co.Tennessee Supreme Court · 1912
  4. Chicago, M. & St. P. Ry. Co. v. MetalstaffCourt of Appeals for the Eighth Circuit · 1900
  5. Nashville, Chattanooga & St. Louis Ry. v. SansomTennessee Supreme Court · 1904

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3Cited by10 opinions

  1. Lacy v. CoxTennessee Supreme Court · 2004
  2. Graves v. Union Ry. Co.Tennessee Supreme Court · 1941
  3. Harris v. BuchignaniTennessee Supreme Court · 1955
  4. Staggs v. VaughnTennessee Supreme Court · 1959
  5. Liggins v. PadawerCourt of Appeals of Tennessee · 1931

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