FULLER V. ILLINOIS CENTRAL R.R.
56 So. 783 (1911)
NATURE OF THE CASE: Fuller (P), children, brought a claim against Illinois Central (D),
railroad company, for the killing of their father. D claimed that the deceased was
contributorily negligent and the court excluded from the jury all of the evidence and gave a
peremptory instruction to the jury to find for D. The jury found for D and P appealed.
FACTS: Fuller (P) was a 70-year-old man who drove his wagon across railroad tracks. As he
did so, a train came down the track at 40 mph. P was in plain view for 660 feet from the
crossing D's engineer blew the whistle and could have stopped the light train within 200
feet. The engineer did not stop the train but did give one whistle blast 20 seconds before
impact. P was killed and his estate sued for negligence. P alleged that D's servant has the
last clear chance to avoid injury. The judgment went to D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment