CAIN-SLOAN CO. v. LOUISVILLE & NASHVILLE RAILROAD CO.


424 S.W.2d 787 (1968)

CAIN-SLOAN COMPANY, Appellant-Plaintiff, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Appellee-Defendant.

Supreme Court of Tennessee.

February 26, 1968.


Attorney(s) appearing for the Case

William Thomas McHugh, Nashville, for appellant-plaintiff; Abraham Dorf, New York City, of counsel.

Hooker, Keeble, Dodson & Harris, and John W. Kelley, Nashville, for appellee-defendant; Eugene W. Herde, Louisville, Ky., of counsel.


OPINION

HUMPHREYS, Justice.

This case is here on appeal from the Sixth Circuit Court of Davidson County, Tennessee, where judgment went to Louisville and Nashville, after it was submitted upon a stipulation of facts. Because it is a test case, determinative by agreement of two hundred and twenty-four similar lawsuits now pending in the Davidson County General Sessions Court, and because it is a case of first impression in this State, it has been given concerned...

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