Tennessee Code 65-12-103 – Violation of Section 65-12-102 is negligence per se
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Terms Used In Tennessee Code 65-12-103
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A violation of § 65-12-102 by any railroad company constitutes negligence per se and in the trial of any causes involving § 65-12-102, 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 this state.