Illinois Cent. R. v. Davis

MOORMAN, Circuit Judge.

Plaintiff recovered damages for the killing of her husband, Louis Davis, by defendant’s train at a public road crossing 237 rods south of the corporate limits of the town of Trimble, Tenn. The train was approaching the town from the south. The question on which the case turns here is whether subsection 3 of section 1574 of the Statutes of Tennessee applies. If it does, the judgment must be affirmed; if it does not, there should'have been a directed verdict for the defendant. The statute reads: “On approaching a city or town, the bell or whistle shall be sounded when the…