Legal Opinion

Southern Ry. Co. v. Lewis

Court of Appeals of Tennessee

Decided March 16, 1946No. 1Published

1Opinion of the CourtMcAMIS, J.

This is an action under Code Section 2651 for the value of a registered Hereford bull killed by a moving train of the Southern Railway Company. The jury returned a verdict for $500 which was approved by the trial judge and the present appeal by the Railway Company resulted. A single question is presented: Can a railway company under Code, Section, 2652 defend an action for killing an animal at a point where the adjoining landowner maintained a lawful fence along his property through which the animal escaped, the evidence affirmatively showing that the railway company itself neither…

2Cases cited3 opinions

  1. Railroad v. CriderTennessee Supreme Court · 1892
  2. Railroad v. RussellTennessee Supreme Court · 1892
  3. Buford v. Louisville & N. R. Co.Tennessee Supreme Court · 1921

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