SOUTHERN RAILWAY COMPANY v. CLEVENGER

No. 13044.

243 F.2d 764 (1957)

SOUTHERN RAILWAY COMPANY, Appellant, v. Robert O. CLEVENGER, Appellee.

United States Court of Appeals Sixth Circuit.

April 22, 1957.


Attorney(s) appearing for the Case

Key & Lee, Knoxville, Tenn., for appellant.

Hodges & Doughty, Knoxville, Tenn., for appellee.

Before SIMONS, Chief Judge, and McALLISTER and STEWART, Circuit Judges.


PER CURIAM.

Appellee sustained serious injuries in a grade crossing accident at Jefferson City, Tennessee, when he jumped from his moving truck before it collided with appellant's locomotive. After trial without a jury, the district court awarded damages to the appellee, finding upon substantial evidence that the locomotive had failed to sound its whistle or bell before entering upon the crossing in violation of the Tennessee Statutory Precautions Act, Tenn. Code...

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