Brooks v. Terminal Railroad

SAM C. BLAIR, Special Judge.

The verdict and judgment were for plaintiff-respondent in an action for wrongful death. Defendant-appellant’s diesel engine struck and killed plaintiff-respondent’s decedent. We shall designate the litigants as they were styled in the trial court.

Invoking the humanitarian doctrine, plaintiff grounded her case on her theory that her decedent was in imminent peril and that defendant’s servants failed to exercise ordinary care to discover him and to take timely and available measures thereafter to stop the engine and thereby caused the casualty. Questioned by this…