Memphis Street Railway Co. v. Caviness
Tennessee Supreme Court
FROM SHELBY. Appeal from the Circuit Court of Shelby County (2d Division) to the Court of Civil Appeals, and by writ of certiorari from the Court of Civil Appeals to the Supreme Court. — Waltee Malone, Circuit Judge.
1Opinion of the CourtJustice Williams
The plaintiff below, W. N. Caviness, brought suit for personal injuries received while riding on a street car that collided with a wagon under circumstances showing, it is conceded by defendant company, negligence on the part of the motorman less in degree than gross and willful negligence. Plaintiff was a member of the city fire department, and, under customary grant of that courtesy by the company, was riding free, without a pass, “on his uniform.”
The company’s defense is based upon certain language used by Judge Wilkes in the opinion in Marshall v. Railway & Light Co., 118 Tenn., 254, 101…
2Cases cited5 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1897
- Indianapolis Traction & Terminal Co. v. KlentschyIndiana Supreme Court · 1907
- Marshall v. Nashville Railway & Light Co.Tennessee Supreme Court · 1906
- Indianapolis Traction & Terminal Co. v. LawsonCourt of Appeals for the Seventh Circuit · 1906
3Cited by4 opinions
- Baskin & Cole v. WhitsonCourt of Appeals of Tennessee · 1928
- Louisville & Nashville Railroad v. HadleyCourt of Appeals of Tennessee · 1930
- Berkebile v. Johnstown Traction Co.Supreme Court of Pennsylvania · 1917
- Nashville Railroad & Light Co. v. OverbyTennessee Supreme Court · 1920