# Noland v. Freeman

> Court of Appeals of Tennessee · August 5, 1964 · 53 Tenn. App. 644

URL: https://www.frixlaw.com/law-library/cases/9862957

## Case

- **Full name:** BUFORD NOLAND, Admr., Plaintiff in Error, v. WILLIS FREEMAN and EVERETTE WATSON, Defendants in Error
- **Court:** Court of Appeals of Tennessee
- **Decided:** August 5, 1964
- **Citations:** 53 Tenn. App. 644; 385 S.W.2d 310; 1964 Tenn. App. LEXIS 130
- **Precedential status:** Published
- **Opinion:** On rehearing by McAMIS
- **Judges:** McAmis, Cooper, Parrott
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9862957

## Opinion text

On Petition to Rehear
McAMIS, P. J.
The Administrator of Mrs. Noland has filed an earnest petition to rehear.
Our previous holding rests primarily upon a finding that the jury could have found that the cause of the accident was the locking of the right front wheel of the Watson truck as observed by the defendant Freeman; that this eventuality was not reasonably foreseeable and that neither defendant was guilty of proximate negligence. We applied the material evidence rule applicable to all jury cases.
The only new matter urged in the petition to rehear is that our former opinion failed to enumerate all of the charges of negligence. Assuming the correctness of this assertion, we are unable to see how the result could have been different. The fact remains that the question of proximate cause was for the jury under the testimony of defendant Freeman to which we have referred.
Accordingly, the petition to rehear must be overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9862957. Public record. Not legal advice.