KENDALL OIL COMPANY v. Payne

This Court, in denying certiorate, filed a memorandum opinion, wherein it expressed the hope that such action would not prevent the Court of Appeals from publishing its opinion.

An insistence made by Payne in the Court of Appeals, —Tenn. App.-, 293 S.W.2d 40, was to the effect that a certain conversation taking place subsequent to the accident out of which this suit arose between the employees of Kendall Oil Company in the presence of Mr. Payne is competent evidence. It was the opinion of the Court of Appeals that the conversation was inadmissible. The competency of this conversation as…