SOUTHERN RAILWAY COMPANY v. BUTTS


379 S.W.2d 794 (1964)

SOUTHERN RAILWAY COMPANY, Plaintiff in Error, v. Jack BUTTS, Defendant in Error.

Supreme Court of Tennessee.

June 4, 1964.


Attorney(s) appearing for the Case

Key & Lee, Knoxville, for plaintiff in error.

John P. Davis, Jr., Hodges, Doughty & Carson, Joseph B. Yancey, Warren Butler, Yancey & Butler, Knoxville, for defendant in error.


WHITE, Justice.

We have granted certiorari to review the action of the Court of Appeals in remanding this case for a new trial instead of dismissing the same as contended for by the plaintiff in error.

The principal question involved before that court was whether the doctrine of imputed negligence applies to bar the action of the defendant in error for the negligence of his wife in driving his station wagon in which he was riding upon defendant's tracks where...

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