ILLINOIS CENT. R. CO. v. DAVIS

No. 5115.

32 F.2d 232 (1929)

ILLINOIS CENT. R. CO. v. DAVIS.

Circuit Court of Appeals, Sixth Circuit.

April 10, 1929.


Attorney(s) appearing for the Case

Clinton H. McKay, of Memphis, Tenn. (Bond & Bond, of Jackson, Tenn., and Charles N. Burch and H. D. Minor, both of Memphis, Tenn., on the brief), for plaintiff in error.

R. E. Maiden, of Dresden, Tenn. (Morris & Morris, of Union City, Tenn., on the brief), for defendant in error.

Before MOORMAN, HICKENLOOPER, and KNAPPEN, Circuit Judges.


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...

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