Legal Opinion

Railroad v. Bigbee

Tennessee Supreme Court

Decided December 18, 1897PublishedCited by 2 opinions

EROM MONTGOMERY. Appeal ill error from Circuit Court of Montgomery County. A. H. MuNEORD, J.

1Opinion of the CourtWilees, J.

These two separate cases involve the duties of a railroad company to erect and maintain stock gaps and wing fences where the road passes through or by the inclosed lands and fields of another. Bigbee owns a parcel of land lying on both sides of the railroad. On the east side he and the railroad company have erected a fence parallel with the road, and about thirty feet from it, and the space between his fence and the railroad track on this side is a deep ditch or gully, so that it is unfit for cultivation or any other ordinary use.

Bryan owns a parcel lying between Bigbee’s two tracts, coming…

2Cases cited1 opinion

  1. Missouri Pacific Railway Co. v. MansonSupreme Court of Kansas · 1884

3Cited by2 opinions

  1. Southern Railway Co. v. ForrestCourt of Appeals of Tennessee · 1931
  2. Louisville & Nashville R. R. v. TimmonsTennessee Supreme Court · 1905

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