Chesapeake, Ohio & Southwestern Railroad v. Higgins
Tennessee Supreme Court
Appeal in error from Circuit Court of Shelby County. J. 0. Pierce, J. Action by a non-resident widow against a railroad company for the negligent killing of her husband, in this State. A trial was had, and verdict returned for $500 damages, which, on motion of the plaintiff below, was set aside as “insufficient and inadequate” in amount.
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Appeal in error from Circuit Court of Shelby County. J. 0. Pierce, J. Action by a non-resident widow against a railroad company for the negligent killing of her husband, in this State. A trial was had, and verdict returned for $500 damages, which, on motion of the plaintiff below, was set aside as “insufficient and inadequate” in amount. Bill of exceptions was taken to this action of the Court, under Act of 1875, Ch. 106. On a subsequent trial there was verdict and judgment in favor of plaintiff for $5,000. The railroad company appealed from the latter judgment.
1Opinion of the CourtTurney, C. J.
The widow of Martin Higgins sues the railroad company for damages resulting *622from the loss of his life in a wreck of its engine and train.
The declaration is demurred to on two grounds:
First — Higgins, .as engineer, knew the condition of his machine, and continued in its use willingly and without objection, assuming the risk incident to such defects.
Second — JNo cause of action is stated.
Sufficient averments appear in the declaration to overrule the demurrer.
The defendant pleaded not guilty, and that Martin Higgins resided in Kentucky at and prior to his death; that plaintiff resided there, and…
2Cited by46 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- Memphis Street Railway Company v. CooperTennessee Supreme Court · 1958
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Barnes v. NoelTennessee Supreme Court · 1914
- Victor Chemical Works v. Industrial BoardIllinois Supreme Court · 1916
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