Nashville, Chattanooga & St. Louis Ry. v. Smith

Howard P. Smith and Charles Brantley Custer brought these suits against the Nashville, Chattanooga & St. Louis Railway to recover damages for injuries to person and property. They alleged that a truck which they were operating, and in which they were riding, became an obstruction on the track of defendant’s railroad at a grade crossing between Sewa-nee, Tennessee, and Monteagle, Tennessee; and that the defendant failed to observe the precautions required of it by Code, Section 2628 (4), which provides:

“In order to prevent accidents upon railroads, the following precautions shall be observed:

“L…