NIXON v. SOUTHERN RAILWAY CO.

No. 54593.

293 So.2d 182 (1974)

Joseph D. NIXON, Sr., et al. v. SOUTHERN RAILWAY CO. et al.

Supreme Court of Louisiana.

April 26, 1974.


Writ denied. On the facts found, the result is correct.

BARHAM, J., concurs in the writ denial. I would reinstate the "pure" last clear chance doctrine which applies when a defendant who has been negligent discovers timely the situation of a negligent plaintiff which a reasonable man could respond to in a manner to avert the accident. Forty eight states follow this doctrine. The forty-ninth state applies the "humanitarian doctrine" to "dangerous" instrumentalities...

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