Whittaker v. Tennessee Central Railway Co.

This case is not styled correctly in this court. It should be styled Tennessee Central Railway Company, plaintiff in error, against T. J. Whittaker, defendant in error, but for convenience we have, in this opinion, treated the case as styled in the lower court, Whittaker, as plaintiff and the Railroad, as defendant.

This was an action for damages for the negligent killing of plaintiff’s cow caused by collision with defendant’s passenger train oh an unfenced track and was originally instituted before a Justice óf the Peace and appealed to the Circuit Court, where it was twice tried by the…