NEGLIGENCE-LAST CLEAR CHANCE-PLAINTIFF'S IGNORANCE OF DANGER WHEN HE IS NOT IGNORANT OF THE INSTRUMENTALITY WHICH CAUSES HIS INJURY

Authors

John Yates, University of Michigan Law SchoolFollow

Abstract

Plaintiff, a boy twelve years of age, was struck by a locomotive of defendant railroad and suffered severe injuries. Defendant engineer, who had noticed plaintiff walking toward the track, could have stopped the train when he first observed plaintiff but did not because he had seen plaintiff look over his shoulder at the approaching train. The train could not be stopped after plaintiff had stepped onto the track. Plaintiff admitted seeing the train when it was 400 feet distant and that he had miscalculated the time necessary to cross in front of it. On appeal from judgment against both defendants, held, affirmed. Application of last clear chance doctrine on ground that plaintiff was oblivious to his danger was proper. Huggans v. Southern Pac. Co., (Cal. App., 1949) 207 P. (2d) 864.

Recommended Citation

John Yates, NEGLIGENCE-LAST CLEAR CHANCE-PLAINTIFF'S IGNORANCE OF DANGER WHEN HE IS NOT IGNORANT OF THE INSTRUMENTALITY WHICH CAUSES HIS INJURY, 48 Mich. L. Rev. 715 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss5/18