Tarwater v. Atlantic Co., Inc.
| Decision Date | 23 November 1940 |
| Parties | TARWATER v. ATLANTIC CO., Inc. |
| Court | Tennessee Supreme Court |
Error to Circuit Court, Hamilton County; Fred B. Ballard, Judge.
Suit by John Tarwater against the Atlantic Company, Inc., to recover damages for personal injuries. To review a judgment in favor of the defendant, the plaintiff brings error.
Judgment affirmed.
Davis Berke & Jones, of Chattanooga, for plaintiff in error.
Lynch Whitaker, Hall & Allison, of Chattanooga, for defendant in error.
This is a suit to recover damages for personal injuries alleged to have been suffered by plaintiff in error as the result of the negligence of defendant in error. The declaration alleges, in substance, that plaintiff was employed by W. M. Gleaves, a contractor, who had a contract to do a paint job at defendant's place of business; that on February 28, 1938 while the plaintiff and a number of his fellow employees were so employed, the defendant, knowing that these fellow employees were engaged to work on its building, without knowledge of plaintiff, negligently distributed a large quantity of free beer to these fellow employees and they became highly intoxicated; that while plaintiff was standing in defendant's place of business, one of his fellow employees, who had become thus intoxicated, dropped a large plank on plaintiff's arm, causing a fracture of his arm and other injuries. It was further alleged that defendant undertook to take charge of the painting work, and to direct the employees how to do the painting, and allowed the plaintiff's intoxicated fellow employees to remain on the premises in this drunken condition, thereby endangering plaintiff.
Defendant demurred to the declaration upon the following grounds: (1) That the declaration shows on its face that any negligence or wrongful act on the part of the defendant in furnishing free beer to the fellow employees of plaintiff was not the proximate cause of the accident complained of; (2) that the declaration shows that the proximate cause of the accident was the intervening negligent act of one of plaintiff's fellow employees, for whose negligence the defendant cannot be held liable.
The trial judge sustained the demurrer and dismissed the suit. Plaintiff has appealed to this court and assigned the following error:
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