Southern Railway Company v. Robert O. Clevenger

Sixth Circuit

Southern Railway Company v. Robert O. Clevenger

243 F.2d 764, 1957 U.S. App. LEXIS 2987

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 22, 1957

Docket13044

StatusPublished

This text of 243 F.2d 764 (Southern Railway Company v. Robert O. Clevenger) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Railway Company v. Robert O. Clevenger, 243 F.2d 764, 1957 U.S. App. LEXIS 2987 (6th Cir. 1957).

Pincite

Opinion

PER CURIAM.

a grade crossing accident at Jefferson

Appellee sustained serious injuries in City, Tennessee, when he jumped from, his moving truck before it collided with appellant’s locomotive. After trial without a jury, the district court awarded' damages to the appellee, finding upon substantial evidence that the locomotive-had failed to sound its whistle or bell before entering upon the crossing in-violation of the Tennessee Statutory Precautions Act, Tenn. Code Anno. § 65— 1208. The district court also found that, the appellee was free from contributory negligence. While we might have found the facts otherwise, the findings of the district court were not clearly erroneous.

The district court was not in error in holding that subsection 3 of the Tennessee Statutory Precautions Act was applicable, even though the appellee had jumped from the truck before the collision. It therefore becomes unnecessary to consider whether the appellant’s conduct also amounted to common law negligence.

The judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

a grade crossing accident at Jefferson

Appellee sustained serious injuries in City, Tennessee, when he jumped from, his moving truck before it collided with appellant’s locomotive. After trial without a jury, the district court awarded' damages to the appellee, finding upon substantial evidence that the locomotive-had failed to sound its whistle or bell before entering upon the crossing in-violation of the Tennessee Statutory Precautions Act, Tenn. Code Anno. § 65— 1208. The district court also found that, the appellee was free from contributory negligence. While we might have found the facts otherwise, the findings of the district court were not clearly erroneous.

The district court was not in error in holding that subsection 3 of the Tennessee Statutory Precautions Act was applicable, even though the appellee had jumped from the truck before the collision. It therefore becomes unnecessary to consider whether the appellant’s conduct also amounted to common law negligence.

The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

243 F.2d 764, 1957 U.S. App. LEXIS 2987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-railway-company-v-robert-o-clevenger-ca6-1957.