Nashville & Chattanooga Railroad v. Chumley
Tennessee Supreme Court
FROM HAMILTON. Appeal in error from the judgment of the Circuit Court, July Term, 1871. J. B. Hoyl, J. 1. The doctrine of recoupment is well settled in this State: citing Overton v. Phelan, 2 Head, 445; Porter v. Wood, 3 Hum., 56; Whittaker v. Pullen, 3 Hum., 466. 2. Admitting that the damages which may be recouped must arise out of the transaction or contract on which the suit is brought, it is insisted that this case comes within the rule.
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FROM HAMILTON. Appeal in error from the judgment of the Circuit Court, July Term, 1871. J. B. Hoyl, J. 1. The doctrine of recoupment is well settled in this State: citing Overton v. Phelan, 2 Head, 445; Porter v. Wood, 3 Hum., 56; Whittaker v. Pullen, 3 Hum., 466. 2. Admitting that the damages which may be recouped must arise out of the transaction or contract on which the suit is brought, it is insisted that this case comes within the rule. A servant entering the service of a great railroad company is bound to know that the most disastrous consequences flow as well from exceeding his duty as…
1Opinion of the CourtNelsoN, J.
This action of debt was commenced before a justice, and tried, upon appeal, in the Circuit Court at Chattanooga. Chumley, the plaintiff below, sued for the amount of an account due him as one of the employees of the company. There is no dispute as to the account, but the matters in controversy arise upon the following facts: Chumley was employed by the company as driver of a switch engine, his duties being to transfer cars from one track to another, and transfer cars to connecting roads. Early in the morning of the 14th of October, 1870, the yard-master informed him that he had heard a signal…
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