Fuller v. Illinois Central R.R.
Mississippi Supreme Court
56 So. 783 (Miss. 1911)
Decedent, an elderly man, was riding his one-horse wagon near railroad tracks. As he approached the tracks, he did not stop or look for trains. He did not notice an oncoming train operated by Illinois Central R.R. (Railroad) (defendant). The train was a half an hour late, and was approaching at forty miles per hour. This was a speed faster than usual. The decedent was in plain view on the tracks when the train was approximately 660 feet away from him. Additionally, expert witnesses testified that the train could have been stopped within 200 feet at that speed. The train operator did not stop or slow down. The only signal he gave was a whistle blast approximately twenty seconds before the train crashed into the wagon. Decedent was killed instantly upon impact. Fuller (plaintiff) brought suit for negligence against the Railroad. The Railroad argued decedent was guilty of contributory negligence by failing to look out for the train. In response to this, Fuller argued the train operator had the last clear chance to avoid injury either by braking quickly or sounding an earlier warning whistle. The trial court held for the Railroad, and Fuller appealed.
Rule of Law
Holding and Reasoning (McLain, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.