Tennessee Cent. Ry. Co. v. Dial

This actions was brought by Lula Jane Dial for herself, as surviving widow, and for the minor child of Thomas Dial, deceased, to recover damages sustained by them by reason of his death alleged to have been caused by the negligence of defendant in backing freight cars on and upon a side track without lights or lookout on the rear of said cars and without giving a warning signal, which freight cars ran over the deceased while he was on said track.

The declaration contained three counts. The first count averred that, while deceased was crossing, or on, one of defendant’s side tracks at Highland…