Bourrett v. Chicago & Northwestern Railway Co.

(dissenting). — I am unable to concur in what is said in the second paragraph of the opinion concerning the doctrine of last fair chance. It may be doubtful whether defendant, even if it could have discovered plaintiff’s peril, was in such a situation that it should be denounced as negligent in not so stopping its train as to have avoided the injury; but, in my opinion, it should not be held that actual knowledge of plaintiff’s peril was essential, in order to cast upon defendant the onus of exercising ordinary care for his protection thereafter. The majority are mistaken, as I think, in…