Charlie Gibson Et Al. v. Elvyn Edward
1976.TN.220, 562 S.W.2D 188
Supreme Court of Texas
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The Beer Board of Obion County appeals from the decree of the Chancery Court which granted to the appellee his application for a beer permit. The appellant Board argues that the Chancellor erred in sustaining objection to the introduction of testimony to the effect that rowdiness, "drinking," and, perhaps, unlawful activity was already occurring in the general neighborhood of the proposed location of the appellees beer establishment. Since the offered testimony in no way related to the operation of the appellees business, which had not begun, we think it clear that such testimony was immaterial to any issue in this cause and was properly excluded by the Chancellor. The testimony in question primarily consisted of the expression of the fears, speculations and apprehensions of the witnesses who appeared to have a fixed opinion that the sale of beer is harmful and immoral per se. Such expressions are not material in a case of this kind. Ewin v. Richardson, 217 Tenn. 534, 399 S.W.2d 318 (1966).