Southern Ry. Co. v. Buse

This appeal is from a judgment of the Circuit Court of Tishomingo County in favor of the appellee for damages sustained while he was riding as a trespasser on the appellant’s freight train in the State of Tennessee on December 23, 193*2', and on which alleged cause of action the suit was filed on the 20th day of November, 1937.

The most important error assigned is the refusal of the court below to peremptorily instruct the jury to find a verdict in favor of the appellant Railway Company. The appellee sought to establish a case of liability by attempting to prove a constructive ejectment from…