Tennessee Central Railway Co. v. Umenstetter

This is a suit to recover damages for the death of one Cassells hilled at a road crossing near Nashville by a collision between a train operated by plaintiff in error and a wagon in which the deceased was riding. There was a judgment for the plaintiff below. The Court of Appeals reversed the judgment and remanded the case for a new trial.

The declaration alleged a failure on the part of the servants of plaintiff in error to observe the precau tions required by Sub-section 4 of Section 1574 of Thompson’s-Shannon’<s Code. The declaration also averred, in a separate count, a failure on the part…