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Fuller v. Illinois Central Railroad Co. | 56 So. 783 (1911)
Fuller versus Illinois Central Railroad is a case about a collision between a train and a horse-drawn wagon. It’s also about the collision between the doctrines of contributory negligence and last clear chance. Spoiler alert—one collision is a lot messier than the other.
An elderly man, Fuller, was riding his one-horse wagon near railroad tracks. As he approached the tracks, because he didn’t stop or look for trains, he didn’t notice an oncoming train.
The tardy Illinois Central Railroad train was approaching at forty miles per hour, faster than usual. Fuller was on the tracks in plain view when the train was approximately six hundred sixty feet away from him.
The engineer didn’t stop or slow the train. The engineer’s only warning was a whistle blast approximately twenty seconds before the train crashed into Fuller’s wagon, killing him instantly. Expert witnesses testified that, at that speed, the train could’ve stopped within two hundred feet.
Fuller’s children sued the Railroad for negligence. The Railroad argued that Fuller was guilty of contributory negligence for failing to look out for the train. In response to this, Fuller’s children argued that the engineer had the last clear chance to avoid injury either by quickly braking or sounding an earlier warning whistle.
The trial court found for the Railroad, and Fuller’s children appealed.
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