City of Knoxville v. Horne

Ben H. Horne, plaintiff below, sustained personal injuries when he drove his car into the supporting pier in what is known as the Fifth Avenue Underpass in the City of Knoxville where Fifth Avenue passes under the main line of the Southern Railway Company. Pie was injured on March 28, 1936 at about 6 o ’clock A. M. while traveling westwardly on Fifth Avenue on his way to work. On February 23, 1937 he instituted this action against the City of Knoxville, by the declaration alleging that the proximate cause of his injuries was (1) the creation and maintenance by the defendant of a nuisance in…