St. Louis-SF Ry. Co. v. Van Hoy

WILLIAMS, Justice.

Parties are referred to herein as in the trial court.

Plaintiff sued defendant for damages resulting from an accident at an intersection of defendant’s railroad and a private road which crossed it. Plaintiff’s petition alleged negligence on the part of the railway engineer in failure to use ordinary care in stopping the train; it also alleged facts under which what is called the “last clear chance” or “humanitarian” doctrine might be applicable. Plaintiff recovered judgment in the lower court and defendant has appealed, arguing the alleged errors under 4 propositions.

The…