Legal Opinion · Dissent

Wayne Knitting Mills v. Delta Motor Lines

Court of Appeals of Tennessee

Decided October 25, 1962Published

1Dissent

Avery, (P.J., W.S.),

(dissenting).

I respectfully dissent from the opinion of the majority of this Court for reasons which to me appear clearly in the record. In the majority opinion it is said:

*181(1) “On this appeal it is the insistence of the plaintiff-appellant, Wayne Knitting Mills, first, that the preponderance of the evidence shows that the plaintiff did properly load and brace the machines in the trailer * * *”

That is a correct statement of the contention made by the plaintiff-appellant. The majority opinion then said:(2) “The defendants accepted said machines as loaded by the plaintiff for…

2Cases cited2 opinions

  1. Modern Tool Corp. v. Pennsylvania R. Co.District Court, D. New Jersey · 1951
  2. Tennessee Railway Co. v. Riddle Coal Co.Court of Appeals of Tennessee · 1925

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