Tennessee Farmers Mutual Insurance v. Hammond

Avery, Presiding Judge (W. S.)

(dissenting).

In dissenting from the majority Opinion, I am unable to agree that there was any evidence from which bad faith could be inferred justifying the submission of such issue to the jury:(1) It was not bad faith on the part of counsel for defendant in the original damage suit to rely upon what *89defendant said to them ahont how the accident occurred and their investigation which this record shows they made in order to determine whether to accept the face value of the statement made by the defendant Hammond, relative to a sudden failure of his brakes.(2) It…