Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-10-26
OFFICIAL.

Opinions OF the Supreme Court Of she state
Of Tennessee, Delivered as JacksOn' as
April Terms 1885,
Memphis R. R. c. Plaintiff in error vs.. R. c. Dean De
PENDANT in
This salt was commenced before Justice Of the
Peace by the defendant in error recover the val
ne Of certain stock killed by the locomotive Of the
plaintiff in error, VII Il running on he road TIE
Justice gave judgment for the p antif bsl0E, and
the defendant appealed to the Circuit Court where
the judgment OF the Justice affirmed and the de-
PENDANT appealed in error 20 this Court.
From the proof in The record Il sppears that, &C
the time the stock killed. the defeadsBt bad no
person the locomotive, VhO-e exclusive business
was to keep 'loOk out ahead" the Tosd-thatthis
duty was performed By the engineer keeping look
out on one side of the locomotive, and one Ayrss
who vas taking the trip, On the Der. .-
Upon this stale Of facts the Court charged the
Jury, that the defendsnt vas " required By Law to
b sve a special agent always the lock out ahead
and performing that undivided du'y, and that ''the
defendant vas liable tor stock killed. gheu ct the
time of the killing such agent vas not employed BY
them to perform that individual duty"
Exception was taken at the time to this part Of
the charge AID il is the only assignment Of error
upon which the defendant heloE relies 70 reverse
this judgment. By the 8th section Of the Act of
1866, eh "a, it is provided, +" That al RtiirOsd
companies in this State, shall be required to keep
some upon the LOGON ltiVe always on the look on
ahead, and that, When any person. sleck, or other
obstruction shall appear on said rOad,it shall be the
duty Of the engineer said train to blow the alarm
whistle to put down on the breaks and use all nee
e-sary msans 10 stop the traiu to prevent the killing
or ipjuring Of persons stock or pros cry" Aud the
next section Of the same act provides, " That any
failure on the part Of said Railroad companies or
their agents TO perform the duty prescribed in this
Act, then said company shall be responsible for al
damages sceruing or resulting from failurstO peg
form said duty "
Il, manifest from the whole tone and tenor Of
this statute that the Legislature intended require
the utmost vigilance at the hands Of Railroad com
psnies and heir agents to prevent injury to persons
and property They are r. quirtd to boH the Ehstle
OF ring abe bell when approaching any turnpike or
any other public read, any street cross BY tho
Railrosd in time TO give dae and timely notice q
the approaching train, 10 any person OF persons
who may be travelling upon said turnpike ad T
other public road or street. so crossed By Rail-
road And if any person is killed through tie
negligence Of any Of The agents Of Rsilroad con-
pany, entrusted with running a lOoOOiimve train,
by this s atuts is made felony in such negligent
agent who omits to perform the duties required by
the Act.
From these stringent provisions IL is clear, that
the Legislature deemed it necessary for the pTeer-
Va ion Of life and property 10 require the greatest
poss Bile care on the part Of IN se conn anies and
their agents TherefOre, We think The Circuit Judge
vas we'll warranted in his conclusion that the do
PENDANTS were required by Law TO have special agent
always on the look out ahead, and performing hat
undivided duty" This is clearly indicated by ihe
forcihleaugu4 e oftae sts'U e. '1Okespsome0HeupOn
the locomotive allVGys on the look out ahead" Now
can it be pretended that the same pers d can dis
charge the dutis Of eng leeT, and o. the same time
always keep a look out ahead ? We think not.
While giving the proper sieariou 10 The engine his
attention NUT necessarily be Withdrawn from that
vigiari, continued and uninterrupted looking out
ahead" requir BY the statute We think the
charge is correct and affirm the judgment.
Test: NJ. d. WEIGH, CLERK. HARRIS