Wellons v. . Sherrin

STACY, C. J., SCHENCK and WINBORNE, JJ., join in concurring opinion. This is an action for actionable negligence, brought by plaintiff, administrator of the estate of Billy Jean Newsom, against the defendants, landlord and tenants, as joint tort-feasors, for the death of his intestate.

The complaint, in part, is as follows:

"That M. B. Sherrin has caused to be erected on his said lot of land hereinbefore described a gasoline service station, building, store and grill.

"That subsequent to the erection of said service station building, M. B. Sherrin, owner, executed a written lease on said…