Legal Opinion

Jenkins v. CSX Transportation, Inc.

Court of Appeals of Tennessee

Decided April 26, 1995PublishedCited by 13 opinions

1Opinion of the Court

FARMER, Judge.

Appellants, Beverly S. Jenkins and her husband, Tommy J. Jenkins, appeal from an entry of summary judgment in favor of CSX Transportation, Inc. (CSX) on their nuisance and negligence claims.

The appellants began leasing their Nashville house in November of 1988, and eventually purchased it in March of 1992. The house is located adjacent to CSX’s railroad yards. CSX regularly transports railroad ties which have been treated with creosote through its yards. The creosote-soaked ties are transported on rail cars which at times are parked in front of or near the house while CSX…

2Cases cited4 opinions

  1. Byrd v. HallTennessee Supreme Court · 1993
  2. Bradshaw v. DanielTennessee Supreme Court · 1993
  3. Caldwell v. Knox Concrete Products, Inc.Court of Appeals of Tennessee · 1964
  4. Erickson v. HudsonWyoming Supreme Court · 1952

3Cited by13 opinions

  1. Velda J. Shore v. Maple Lane Farms, LLCTennessee Supreme Court · 2013
  2. North Carolina, Ex Rel. Cooper v. Tennessee Valley AuthorityCourt of Appeals for the Fourth Circuit · 2010
  3. Anderson v. American Limestone Co., Inc.Court of Appeals of Tennessee · 2004
  4. In Re Tennessee Valley Authority Ash Spill LitigationDistrict Court, E.D. Tennessee · 2011
  5. Ames v. Phillips BuildersCourt of Appeals of Tennessee · 1997

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