Railroad v. Sadler
Tennessee Supreme Court
SADLER CASE. Appeal in error from Circuit Court of Weakley County. W. Ii. Swiggart, J. woodruee case. Appeal in error from Circuit Court of Weakley County. W. Ii. Swiggart, J.
1Opinion of the CourtLuhtoN, J.
The Act of 1891, Ch. 101, making unfenced railroads absolutely liable for all stock killed or injured on or near their tracks applies only to injuries resulting from actual collision with a moving engine or car. The language of the Act forbids any other construction. The injury must be the direct result of contact with “moving trains, cars, or .engine.” This construction had been given to the old law. Code (M. & Y.), §§ 1298-1300; Holder v. Railroad, 11 Lea, 176.
The later Act is no more explicit on this point than the former. Similar acts in other States have been uniformly construed as…
2Cases cited1 opinion
- Knight v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1885
3Cited by5 opinions
- Memphis Street Railway Co. v. StateTennessee Supreme Court · 1903
- Memphis & State Line Railroad v. Union Railway Co.Tennessee Supreme Court · 1905
- Chadrick v. StateTennessee Supreme Court · 1940
- Northcross v. TaylorCourt of Appeals of Tennessee · 1946
- Nashville, Chattanooga & St. Louis Railway v. FordTennessee Supreme Court · 1917