Torts Keyed to Prosser
Sheehan v. St. Paul & Duluth Ry. Co
The Plaintiff was walking on the Defendant’s railroad track when his foot slipped and became caught on the rail. As Defendant’s train approached, Plaintiff was unable to extricate his foot. Defendant’s train crew did not see Plaintiff until it was too late to stop the train and therefore Defendant’s train ran over Plaintiff’s foot. The trial court entered a directed verdict for Defendant and Plaintiff appeals.
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