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.
Structure 2021 Tennessee Code
Title 65 - Public Utilities and Carriers
Chapter 12 - Operation of Railroads
§ 65-12-103. Payment of Fare Required
§ 65-12-108. Precautions Required for Prevention of Accidents
§ 65-12-109. Violation of § 65-12-108 Is Negligence per Se
§ 65-12-114. Standard of Care Required When Livestock on Tracks
§ 65-12-115. Locomotive Operator Must Carry Engineer's Operator Permit