Legal Opinion
Southern Railway Company v. Joseph Fred Elliott and Elizabeth H. Elliott
Court of Appeals for the Sixth Circuit
Decided January 3, 1958No. 13153_1PublishedCited by 5 opinions
1Opinion of the Court
SHACKELFORD MILLER, Jr., Circuit Judge.
This action was filed by the appellees, Joseph and Elizabeth Elliott, father and mother of Tommy Elliott, their twenty-eight months old child, against the appellant, Southern Railway Company, for damages by reason of the death of their child who was killed by a train operated by the appellant.
The complaint charged the appellant with violation of the Tennessee Railroad Precautions Act, Section 2628(4), Code of Tennessee, T.C.A. § 65-1208(4), and also common law negligence in the operation of the train causing the death of the child. The appellant by…
2Cases cited15 opinions
- Chattanooga Station Co. v. HarperTennessee Supreme Court · 1917
- Prestonsburg Superior Oil Gas Co. v. VanceCourt of Appeals of Kentucky (pre-1976) · 1926
- Ryan v. United Parcel Service, Inc.Court of Appeals for the Second Circuit · 1953
- Cincinnati, N. O. & T. P. R. v. BrockTennessee Supreme Court · 1915
- Louisville & N. R. Co. v. TuckerCourt of Appeals for the Sixth Circuit · 1954
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Oscar J. Marshall v. Isthmian Lines, Inc.Court of Appeals for the Fifth Circuit · 1964
- Frank Chavez v. Sears, Roebuck and Company, a New York Corporation, Rolando Garza Zarate v. Sears, Roebuck and Company, a New York CorporationCourt of Appeals for the Tenth Circuit · 1976
- Emery v. Northern Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1969
- Emery v. Northern Pacific RailroadCourt of Appeals for the Eighth Circuit · 1969
- Oscar J. Marshall v. Isthmian Lines, Inc.Court of Appeals for the Fifth Circuit · 1964