Legal Opinion

Garner v. State Ex Rel. Askins

Court of Appeals of Tennessee

Decided December 4, 1953PublishedCited by 17 opinions

1Opinion of the CourtFelts, J.

This action was brought by Billy T. Askins against J. B. Garner, a Constable, and the Fidelity and Casualty Company of New York, surety on his official bond, to recover damages for an assault and battery committed by the Constable upon plaintiff while arresting him for an alleged traffic violation.

Plaintiff averred in his declaration that, while acting officially and arresting him, the Constable, without any justification or excuse, beat him over the head with a blackjack, knocked him down twice, lacerated his scalp, fractured his skull, and inflicted other painful and serious permanent…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Waller v. SkeletonCourt of Appeals of Tennessee · 1948
  2. Norris v. RichardsTennessee Supreme Court · 1952
  3. Marion Construction Co. v. SteepletonCourt of Appeals of Tennessee · 1931
  4. Marable v. State Ex Rel. WackernieCourt of Appeals of Tennessee · 1949
  5. Hughes v. TaylorCourt of Appeals of Tennessee · 1946

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Brown v. Indemnity Ins. Co. of North AmericaLouisiana Court of Appeal · 1959
  2. State Ex Rel. Coffelt v. Hartford Accident & Indemnity Co.Court of Appeals of Tennessee · 1958
  3. City of Mason v. BanksTennessee Supreme Court · 1979
  4. Dotson v. StateCourt of Criminal Appeals of Tennessee · 1970
  5. Gaston v. GibsonDistrict Court, E.D. Tennessee · 1969

12 more not listed; retrieve them via the Exa API.

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