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BIRDSONG v. CITY OF CHATTANOOGA

319 S.W.2d 233 (1958)

Ernest BIRDSONG, Adm'r of the Estate of Ernest Birdsong, Jr., Plaintiff in Error, v. CITY OF CHATTANOOGA et al., Defendants in Error.

Supreme Court of Tennessee.

December 12, 1958.

Attorney(s) appearing for the Case

Massey, Stone & Kirkland, Chattanooga, for plaintiff in error.

Ellis K. Meacham, Chattanooga, for City of Chattanooga.

Roberts & Weill, Chattanooga, for Stein Const. Co.

James H. Anderson, Chattanooga, for The Central of Georgia Railway.

SWEPSTON, Justice.

This action was filed to recover for the death by drowning of a 7-year old boy, to which declaration the City of Chattanooga, the Central of Georgia Railway and the Stein Construction Company, a partnership, demurred. The demurrers were sustained and the appeal is direct to this Court.

The material parts of the declaration will be stated either in substance or verbatim. The said railroad company has a track running into the corporate boundaries...

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