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PRATER v. LOUISVILLE AND NASHVILLE RAILROAD CO.

438 S.W.2d 68 (1968)

George E. PRATER v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Inc.

Court of Appeals of Tennessee, Middle Section.

Rehearing Denied August 30, 1968.

Certiorari Denied December 2, 1968.

Attorney(s) appearing for the Case

R.E. Bonner, Jr., McMinnville, for appellant.

Haston & Haston, McMinnville, for appellee.

Certiorari Denied by Supreme Court December 2, 1968.

OPINION

TODD, Judge.

Plaintiff, George Prater, sued the defendant, Louisville and Nashville Railroad Company, Inc., for personal injuries sustained when the truck in which he was a passenger was struck by defendant's locomotive near a highway crossing.

In the first count of the declaration the plaintiff charged the following acts or omissions of negligence:

1. Failure to sound...

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