Ingram v. . Smoky Mountain Stages, Inc.

Tbe plaintiff’s cause of action as alleged in tbe complaint is bottomed upon tbe allegation that tbe deceased bad crossed tbe highway, reached bis side, turned to tbe left, and was proceeding in a northwesterly direction, meeting tbe bus when tbe bus suddenly cut to tbe left across tbe center line and collided with bis car. There is no evidence in tbe record to sustain tbe allegations thus made. They are directly contradicted by tbe statement of tbe deceased himself.

Tbe cause was tried on tbe theory plaintiff bad alleged that tbe bus driver was guilty of negligence in that (1) be was…