Dickerson v. Illinois Central Gulf Railroad

This diversity suit, controlled by the law of Louisiana, involves the doctrine of last clear chance (discovered peril) and the effect of a decedent’s contributory negligence on his survivors’ right to recover against a negligent defendant.

La Fleur, the decedent, stalled his pickup truck on a railroad crossing with a train approaching on a straight track. La Fleur jumped out of his truck and tried to push it off the track. Unable to do so, he reentered the truck and shifted gears. The truck would not start. La Fleur got out and again attempted to push the truck. Seeing that he he could not…