Legal Opinion
Tennessee Cent. R. v. Herb
Tennessee Supreme Court
Decided December 15, 1915PublishedCited by 25 opinions
FROM DAVIDSON Appeal from the .Circuit Court of Davidson County to tbe Court of Civil Appeals, and by certiorari to the Court of Civil Appeals from the Supreme Court.— Thos. E. Matthews, Judge.
1Opinion of the CourtJustice Williams
Only one of several assignments of error of the railroad company will be treated of in this opinion.
It is urged as error that the court of civil appeals did not hold the following paragraph of the charge to the trial jury to be incorrect:
"There is a presumption that arises out of the well-known instinct of self-preservation, that the deceased was in the exercise of ordinary care at the time of the injury which caused his death, and this presumption will prevail until overcome by competent evidence. ’ ’
The facts in proof on which this instruction was based were as follows: John B. Herb was…
2Cases cited9 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Stinson v. DanielTennessee Supreme Court · 1967
- Benson v. FowlerCourt of Appeals of Tennessee · 1957
- Morgan v. Tennessee Cent. Ry. Co.Court of Appeals of Tennessee · 1948
- Louisville N.R.R. Co. v. Frakes and PayneCourt of Appeals of Tennessee · 1928
- Life & Casualty Insurance v. RobertsonCourt of Appeals of Tennessee · 1927
20 more not listed; retrieve them via the Exa API.