Prater v. Louisville & Nashville Railroad

OPINION

SHRIVER, Judge.

This is a suit to recover damages for personal injuries received by plaintiff when a truck in which he was riding as a guest passenger was struck by an engine of the defendant Railroad Company at a grade crossing in Warren County near McMinn-ville, Tennessee.

The case was originally tried in the Circuit Court of Warren County on September 20, 1967, when the Trial Court, at the conclusion of plaintiff’s proof, directed a verdict for the defendant. Plaintiff appealed and this Court, in an opinion written by Judge Henry F. Todd, reversed and remanded the cause for a new…