Legal Opinion · Dissent

Williams v. Jordan

Tennessee Supreme Court

Decided May 5, 1961Published

1DissentFelts, Justice

With the utmost deference to my associates and to the learned Justice delivering the opinion of the Court, I must record my dissent from their holding Patillo was not negligent in causing the child’s death sued for, and directing a verdict for defendants.

It seems plain to me this holding is based on an interpretation of the evidence that overlooks or misappreci-ates our rule for directing verdicts. That rule requires us, in considering defendants ’ motion for a directed verdict, to take the interpretation of the evidence most favorable to plaintiff:

“to look to all the evidence, to take as…

2Cases cited13 opinions

  1. Coca Cola Bottling Co. Of Black Hills v. HubbardCourt of Appeals for the Eighth Circuit · 1953
  2. Osborn v. City of NashvilleTennessee Supreme Court · 1945
  3. Smith v. SloanTennessee Supreme Court · 1949
  4. Philip Carey Roofing & Manufacturing Co. v. BlackTennessee Supreme Court · 1913
  5. Stein v. PalisiNew York Court of Appeals · 1955

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