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McCAMPBELL v. CENTRAL OF GEORGIA RY. CO.

253 S.W.2d 763 (1952)

McCAMPBELL v. CENTRAL OF GEORGIA RY. CO.

Supreme Court of Tennessee.

December 5, 1952.

Attorney(s) appearing for the Case

Graham & Van Derveer, Chattanooga, for plaintiff-in-error.

James H. Anderson, Chattanooga, for defendant-in-error.

TOMLINSON, Justice.

Mrs. McCampbell commenced this action to recover damages for the death of her husband. He was killed by one of the defendant's trains in a railroad crossing accident. Mrs. McCampbell has appealed from the judgment of the Court sustaining a demurrer to the declaration containing three counts.

The second count alleges a violation of Code Section 2628 (1) and (2). Code Section 2628 (1) and (2) requires the railroad to sound the whistle or...

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