Russell v. City of Chattanooga

These two suits arose out of the death by drowning of William Donald Bussell, aged 9, and his brother, Paul Thomas Bussell, aged 10, in a deep, long trench dug by the defendant, City of Chattanooga, for the purpose of disposing of city garbage. At the conclusion of plaintiff’s proof, upon motion, a directed verdict in favor of the defendant was granted by the Trial Court in each case.

The first question presented to this Court is the motion by defendant, City of Chattanoooga, to strike the Bill of Exceptions because it does not affirmatively recite that the Bill of Exceptions contains all of…