Johnson v. Hardin

OPINION

WHITE, Justice.

In this ease plaintiffs contend that the trial court’s unauthorized “dynamite charge” to the deadlocked jury requires that the judgment be set aside and a new trial granted. Defendants, however, urge that we should sustain the Court of Appeals’ dismissal of this appeal based on plaintiffs’ failure to comply with Rule 24, Tennessee Rules of Appellate Procedure. For the reasons discussed below, we conclude that the intermediate court’s dismissal of the appeal was error and that the case must be remanded for a new trial because the trial court’s instruction to the…