Southern Ry. Co. v. Sutton
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern-District of Tennessee. Action by Rincoln Sutton against the Southern Railway Company.. Judgment for plaintiff, and defendant brings error. The defendant in error, who was the plaintiff below, recovered verdict and judgment against the plaintiff in error on account of injuries suffered by the plaintiff through collision with defendant’s railway engine.
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In Error to the Circuit Court of the United States for the Eastern-District of Tennessee. Action by Rincoln Sutton against the Southern Railway Company.. Judgment for plaintiff, and defendant brings error. The defendant in error, who was the plaintiff below, recovered verdict and judgment against the plaintiff in error on account of injuries suffered by the plaintiff through collision with defendant’s railway engine. Defendant’s liability was predicated upon sections 1574 to 1576 of Shannon’s Code of Tennessee. The evidence was undisputed that plaintiff, a laborer not in defendant’s employ,…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). The statute upon which the plaintiff relies requires that a lookout shall be .kept upon the locomotive, and that when any “obstruction appears *474upon the road the alarm whistle shall be sounded, the brakes put down, and every possible means employed to stop the train and prevent an accident.” A railroad company failing to observe these precautions is made responsible for all damages resulting from collision. Observance of this precaution relieves from liability in the cases to which the statute is held to apply. Shannon’s Code Tenn. §§ 1574, (4), 1575, 1576.…
2Cases cited13 opinions
- United States v. LacherSupreme Court of the United States · 1890
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Virginia & S. W. Ry. Co. v. HawkCourt of Appeals for the Sixth Circuit · 1908
- Block v. MorrisonSupreme Court of Missouri · 1892
- Chesapeake & Nashville Railway v. CrewsTennessee Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. NettoTennessee Supreme Court · 1972
- Annette Rush, as Natural Mother of Johnathan Rush, a Minor v. Illinois Central Railroad Company, AKA Canadian National-Illinois Central RailroadCourt of Appeals for the Sixth Circuit · 2005
- Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1914
- State Ex Rel. Earhart v. City of BristolTennessee Supreme Court · 1998
- Curtis v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1916
8 more not listed; retrieve them via the Exa API.