Legal Opinion
C. David Swift, Administrator of the Estate of Berl B. Cantrell, Deceased v. Southern Railway Company
Court of Appeals for the Fourth Circuit
Decided August 1, 1962No. 8516_1PublishedCited by 9 opinions
1Opinion of the Court
HAYNSWORTH, Circuit Judge.
The principal question is whether the doctrine of last clear chance furnishes a permissive basis of recovery in this action for wrongful death of a decedent killed by one of the defendant’s trains. We agree with the District Court that it does not.
As the train approached, Berl Cantrell was prone on the roadbed, down between the rails, his jacket pulled up over his head. He may have intended his destruction, but his position was one of apparent helplessness. The essential inquiry, therefore, is whether the evidence warranted a finding that the train crew should have…
2Cases cited33 opinions
- Ingram v. . Smoky Mountain Stages, Inc.Supreme Court of North Carolina · 1945
- Downie v. PowersCourt of Appeals for the Tenth Circuit · 1951
- Gunter v. . WickerSupreme Court of North Carolina · 1881
- Wade Ex Rel. Wade v. Jones Sausage Co.Supreme Court of North Carolina · 1954
- Daughtry v. ClineSupreme Court of North Carolina · 1944
28 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fed. Sec. L. Rep. P 94,437 Hetty Fey v. Walston & Co., Inc., and Robert A. SpiraCourt of Appeals for the Seventh Circuit · 1974
- Ruth C. Krizak and John M. Krizak v. W. C. Brooks & Sons, IncorporatedCourt of Appeals for the Fourth Circuit · 1963
- Moon v. NolenSupreme Court of Alabama · 1975
- Lorene M. Swain, as of the Last Will and Testament of William T. Swain, Deceased v. Boeing Airplane Company, Defendant-RespondentCourt of Appeals for the Second Circuit · 1964
- Ruth Hetzel v. Jewel Companies, Inc.Court of Appeals for the Seventh Circuit · 1972
4 more not listed; retrieve them via the Exa API.