Ridley v. Spence

Tennessee authorities cited in the majority opinion involved negligence in maintenance or defective condition of premises, sometimes called passive negligence; where-: as the present case involves active negligence of the de*583f endant in pulling an overhead door down upon the head of plaintiff. There was no defect in the door, the injury was caused by the negligent operation of the door, rather than by its negligent maintenance or defective condition.

As stated in Westborne Coal Co. v. Willoughby, 133 Tenn. 257, 180 S.W. 322 (1915), there is no useful distinction between “active negligence” and…