Nashville & Chattanooga R. R. v. Thomas
Tennessee Supreme Court
PEOM CARROLL Appeal in error from Circuit Court at Hunting-don. Isaac E. Hawkins, Special J. insisted: In this case the evidence clearly shows that the killing of the iron gray filly by the defendant was an unavoidable accident. The evidence shows that the train was going at the time at the rate of eighteen miles an hour, and that it was impossible to stop the train and prevent the accident.
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PEOM CARROLL Appeal in error from Circuit Court at Hunting-don. Isaac E. Hawkins, Special J. insisted: In this case the evidence clearly shows that the killing of the iron gray filly by the defendant was an unavoidable accident. The evidence shows that the train was going at the time at the rate of eighteen miles an hour, and that it was impossible to stop the train and prevent the accident. The animal, as the Court will observe from the evidence, jumped upon the track about twenty-five steps ahead of the engine when moving at the rate of eighteen miles per hour. The Court will also observe…
1Opinion of the CourtNicholsON, C. J.
This is an action for damages for the killing of a horse on the Northwestern Railroad. The facts, as stated by the engineer, are these: “ He was going in the direction of the cut where the animal was run over; he was traveling at the rate of eighteen miles an hour, when suddenly, as the train was approaching the mouth of the cut where the accident occurred, four or five animals, as he supposed, jumped from the right of the road on the track, about twenty steps in front of the engine, and about fifteen steps from the mouth of the cut. He, as soon as he saw them, blew the signal to put down the…
2Cited by2 opinions
- Louisville & N. R. v. TruettCourt of Appeals for the Sixth Circuit · 1901
- St. Louis, Iron Mountain & Southern Railway v. HendricksSupreme Court of Arkansas · 1890