" Also see City Transportation Corporation v. Seckler, 32 Tenn. App. 661, 225 S.W.2d 288; and Poston v. State, 36 Tenn. App. 413, 256 S.W.2d 63. The second assignment of error should not have been sustained, because the instruction given is enough in accord with Shew and Smith v. Murphy to protect it from attack as reversible error.