McFerrin v. Crescent Amusement Co.

HUMPHREYS,'J.

This is an appeal in error by plaintiff Howard McFerrin from a judgment of the Circuit *15Court of Lincoln County, Tennessee, in favor of defendant Crescent Amusement Company, entered on a directed verdict, dismissing plaintiff’s suit.

One afternoon in December, 1960, plaintiff was walking along tbe public sidewalk in tbe City of Fayetteville. It had been raining most of the day and the streets and sidewalks were wet. At a point in front of the Lincoln Theater, which defendant owned and operated, plaintiff, while walking over a portion of the sidewalk which defendant had constructed…