Henry v. Roach

We speak of the parties as they appeared in the trial court. Plaintiff sued defendants for personal injuries sustained when he was bitten by a dog on their premises. At the close of his proof the defendants moved for and were granted peremptory instructions on the ground there was no evidence to support a verdict. His motion for a new trial was overruled and he was granted and perfected this appeal.

Our function in passing upon questions of this nature is well known. In Lackey v. Metropolitan Life Ins. Co., 30 Tenn. App. 390, 397, 399, 206 S. W. (2d) 806, 810, it was stated:

“As said so often,…