Fitzsimmons v. Brock

1 Citing case

  1. Intern. Min. Chem. Corp. v. Crown Cattle

    537 S.W.2d 926 (Tenn. Ct. App. 1975)

    Assignments of error IV and V insist that the verdict is excessive to the amount of fertilizer delivered more than 400 pounds per acre and that His Honor the Trial Judge should have granted a remittitur. Defendant cites as authority T.C.A. Section 27-119 and Murphy Truck Lines v. Brown, 203 Tenn. 414, 313 S.W.2d 440 (1958); and Fitzsimmons v. Brock, 46 Tenn. App. 526, 330 S.W. 563 (1958); Methodist Hospital v. Ball, 50 Tenn. App. 460, 362 S.W.2d 475. Mr. Clear, the manager of the fertilizer operation at Gray, Tennessee, testified that the fertilizer was spread by independent truckers using rear-end fan-type spreaders and that it was impossible to measure accurately the pounds per acre and that only approximate pounds per acre could be applied.