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Torts Keyed to Epstein
Fuller v. Illinois Central R.R
Facts
A man, over seventy-years-old, was riding his one-horse wagon over a straight stretch of railroad track. Plaintiff had his head down and did not stop to look or listen for Defendant’s oncoming train. Defendant’s train was late and was traveling faster than usual. Plaintiff could see Defendant in plain view, on the track, about 660 feet away. Defendant could have stopped the light train within 200 feet. However, Defendant did not slow down. He blew his whistle twenty seconds before impact. Plaintiff was killed instantly. Plaintiff sued Defendant for negligence. In response to Defendant’s claim of contributory negligence, Plaintiff argued that Defendant had the last clear chance to avoid the accident. The trial court returned a verdict for Defendant. Plaintiff appealed.
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