Legal Opinion

Cincinnati, N. O. & T. P. R. v. Brock

Tennessee Supreme Court

Decided September 15, 1915PublishedCited by 18 opinions

FROM HAMILTON. Appeal from the Circuit Court of Hamilton County to the Court of Civil Appeals, and by certiorari from the Court of Civil Appeals to the Supreme Court.— Nathan L. Bachman, Judge.

1Opinion of the CourtJustice Williams

This is an action to recover for the death of plaintiff’s intestate on the track of the railway company, by reason of a claimed violation of statutory regulations on the part of defendant.

Subsection 4 of section 1574 of Shannon’s Code, upon which the action is based, is as follows:

“Every railroad company shall keep the engineer, fireman, or some other person upon the locomotive, always upon the lookout ahead; and when any person, animal, or other obstruction appears upon the road, the alarm whistle shall be sounded, the brakes put down, and every possible means employed to stop the train and…

2Cases cited2 opinions

  1. Virginia & S. W. Ry. Co. v. HawkCourt of Appeals for the Sixth Circuit · 1908
  2. Knight v. CooleyTennessee Supreme Court · 1914

3Cited by18 opinions

  1. Brenizer v. Nashville, Chattanooga & St. Louis RailwayTennessee Supreme Court · 1928
  2. Brown v. BrownTennessee Supreme Court · 1927
  3. Tri-State Fair v. RowtonTennessee Supreme Court · 1918
  4. Union Traction Co. v. ToddCourt of Appeals of Tennessee · 1933
  5. Margie Gilreath v. Southern Railway CompanyCourt of Appeals for the Sixth Circuit · 1963

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