Nashville and Chattanooga Railroad Co. v. Prince
Tennessee Supreme Court
PROM BEDFORD. Ed. Cooper and Thos. C. Whiteside, for plaintiff in error. Mr. Whiteside cited, to show that the action would be defeated by negligence of the deceased: E. T. & Ga. R. R. Co. v. St. John, 5 Sneed, 524, 430; L. & N. R. R. v. Burke, 6 Cold., 45; Whirley v. Whiteman, 1 Head, 610; Gogdell v. Yett, 1 Cold., 230; Sedgwick on Dam., 494, 496; 2 Greenl.
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PROM BEDFORD. Ed. Cooper and Thos. C. Whiteside, for plaintiff in error. Mr. Whiteside cited, to show that the action would be defeated by negligence of the deceased: E. T. & Ga. R. R. Co. v. St. John, 5 Sneed, 524, 430; L. & N. R. R. v. Burke, 6 Cold., 45; Whirley v. Whiteman, 1 Head, 610; Gogdell v. Yett, 1 Cold., 230; Sedgwick on Dam., 494, 496; 2 Greenl. Ev., § 94; Moshier v. W. & S. R. R. Co., 8 Barb., (S. C.,) 42; Horne v. M. & O. R. R. Co. As to instantaneous killing, be cited 6 Cold., 45; Kearney v. Boston & W. R. R. Co., 9 Cushing, 108. Mr. Cooper cited, on statutory precautions:…
1Opinion of the CourtNicholsoN, C. J.
This is an action of trespass, instituted in June, 1860, in the Circuit Court of Bedford County, by Nancy Prince, administratrix of Jeremiah Prince, deceased, against the Nashville and Chattanooga Railroad, to recover damages for the killing of the said Jeremiah Prince, who was the husband of said Nancy Prince. The declaration alleges that, on the — day of -, 1860, the Railroad Company did, illegally and violently, with engine, tender, passenger and freight oars, run over the said Jeremiah Prince, from which illegal and violent running over the said Jeremiah Prince died; wherefore an action…
2Cited by10 opinions
- Davidson Benedict Co. v. SeversonTennessee Supreme Court · 1902
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Illinois Central Railroad v. CrudupMississippi Supreme Court · 1885
- Walkup v. CovingtonCourt of Appeals of Tennessee · 1933
- Carolina, C. & O. Railroad v. ShewalterTennessee Supreme Court · 1913
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