Tennessee Cent. R. Co. v. Foster

• Decision Date: 27 April 1904
• Citation: 80 S.W. 585,112 Tenn. 345
• Parties: TENNESSEE CENT. R. CO. v. FOSTER.
• Court: Tennessee Supreme Court

80 S.W. 585

112 Tenn. 345

TENNESSEE CENT. R. CO. v. FOSTER.

Supreme Court of Tennessee.

April 27, 1904

Appeal from Circuit Court, Wilson County; W. C. Houston, Judge.

Action by Lawrence Foster against the Tennessee Central Railroad Company.Judgment for plaintiff.Defendant appeals in the nature of a writ of error.Affirmed.

C. C Conatser, for plaintiff in error.

Lillard Thompson, for defendant in error.

SHIELDS J.

This action, brought by the defendant in error against the plaintiff in error to recover damages for personal injuries sustained through its negligence, was tried by the circuit judge without the intervention of a jury, and a judgment given against plaintiff in error, to reverse which it has prosecuted an appeal in the nature of a writ of error and assigned errors.

The trial judge, in response to the request of plaintiff in error, made upon the trial of the case, reduced his finding of facts and his conclusions thereon to writing, and signed and filed the same.No bill of exceptions was filed.

The errors assigned challenge the correctness of the judgment of the trial judge upon the facts found.

The defendant in error insists that the finding of facts by the trial judge is no part of the record, and cannot be considered by this court.

The statute providing for this proceeding, enacts that:

"Upon the trial of a question of fact by the court, the decision if requested by either party, shall be given in writing stating the facts found and conclusions thereon, which shall constitute a part of the record."Code 1858, § 2959;Shannon's Code, § 4684.

This is clear and explicit.

The finding of facts and conclusions of the trial judge thereon are expressly made a part of the record.They constitute the judgment of the court upon the facts and the law...