Moore v. Gore

For tlie reasons now to be stated, and because of the importance of the majority decision, I feel compelled to dissent from the conclusion reached.

Plaintiff’s declaration alleged defendant Mitchell to be the owner of the automobile involved in this accident, and that it was being operated at the time with his knowledge and consent and on his business and that the proximate cause of the accident was its negligent operation at this time. These allegations clearly stated a cause of action against Mitchell.

Mitchell was a nonresident of Tennessee. The plaintiff was a resident of Davidson County.…