Union Traction Co. v. Todd

This was an action for damages for personal injuries sustained by the plaintiff as a result of a collision of his automobile with the Nashville-Gallatin interurban electric car owned by the defendant traction company.

The declaration averred negligence in the failure of the traction company through its servants to observe the statutory precautions when the plaintiff appeared as an obstruction on the track or within striking distance of the car, as the result of which he was injured.

The declaration contained a common-law count which averred negligence of the company in failing to erect barriers…