NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - LAST CLEAR CHANCE - DISCOVERED PERIL - RAILROAD GROSSING ACCIDENT

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiff's decedent was killed in a collision, between his car and defendant's train, which occurred at a crossing in a small town. Crossing signals were in operation, and deceased drove onto the track with his attention on a switching train at his right. A passenger train came along from his left at an excessive speed and without signalling. The engineer testified that, after he saw decedent, he could have stopped the train, or slowed down enough so that decedent could have crossed safely. Held, plaintiff entitled to recover. Missouri Pac. R. R. v. Huffman, (Ark. 1937) 108 S. W. (2d) 479.

Recommended Citation

Michigan Law Review, NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - LAST CLEAR CHANCE - DISCOVERED PERIL - RAILROAD GROSSING ACCIDENT, 36 Mich. L. Rev. 1026 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss6/20