A violation of §65-12-108 by any railroad company constitutes negligence per se and in the trial of any causes involving §65-12-108, the burden of proof, the issue of proximate cause, and the issue of contributory negligence shall be tried and be applied in the same manner and with the same effect as in the trial of other negligence actions under the common law in Tennessee.
Code 1858, § 1167 (deriv. Acts 1855-1856, ch. 94, § 9); Shan., § 1575; Code 1932, § 2629; Acts 1959, ch. 130, § 2; T.C.A. (orig. ed.), § 65-1209.
Cross-References. Aggravated assault, §39-13-102.
Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Animals, § 14, 15; 4 Tenn. Juris., Automobiles and Other Vehicles, § 12; 5 Tenn. Juris., Carriers, §§ 10, 11; 19 Tenn. Juris., Negligence, § 16; 21 Tenn. Juris., Railroads, §§ 29, 35, 37, 42, 47, 50.
Law Reviews.
Railroads — Precautions Act — Effect of 1959 Amendment, 28 Tenn. L. Rev. 437 (1961).