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HARVEY v. SOUTHERN RAILWAY COMPANY

399 S.W.2d 523 (1965)

Sue Davis HARVEY, Plaintiff in Error, v. SOUTHERN RAILWAY COMPANY, Defendant in Error.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied March 19, 1965.

Attorney(s) appearing for the Case

Ivo W. Sanders, Loudon, Claude C. Chadwell and Donelson M. Leake, Knoxville, E.H. Rayson, Knoxville, Kramer, Dye, Johnson & Rayson, Knoxville, of counsel, for plaintiff in error.

Donaldson, Montgomery & Kennerly, Knoxville, for defendant in error.

Certiorari Denied by Supreme Court March 19, 1965.

McAMIS, Presiding Judge.

Mrs. Sue Davis Harvey brought this action against Southern Railway Company to recover for the death of her husband, Ralph Harvey, who was struck and killed by one of defendant's trains on May 5, 1962. The declaration charges in separate counts a violation of T.C.A. § 65-1208, subsection (4), and common law negligence.

At the conclusion of plaintiff's proof in chief, the...

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