Dana Flinchum v. Clinchfield Railroad Company

This is an appeal from a personal injury action arising out of a railroad train-pedestrian accident. The jury in the trial court found for plaintiff, Dana Flinchum, and granted recovery in the amount of $50,000.00. The principal issue on appeal is whether the District Court erred in refusing to direct a verdict for the defendant Clinchfield Railroad Company, on the ground that plaintiff was guilty of contributory negligence, which under Tennessee law is a complete bar to recovery in a negligence action. 1

The accident occurred at approximately 6:30 p. m. on December 12, 1969, in Johnson City,…