
    Joseph D. NIXON, Sr., et al. v. SOUTHERN RAILWAY CO. et al.
    No. 54593.
    Supreme Court of Louisiana.
    April 26, 1974.
   In re: Odelia Pierre, wife of/and Joseph D. Nixon, Sr. applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 290 So.2d 371.

Writ denied. On the facts found, the result is correct.

BARHAM, J.,

concurs in the writ denial. I would reinstate the “pure” last clear chance doctrine which applies when a defendant who has been negligent discovers timely the situation of a negligent plaintiff which a reasonable man could respond to in a manner to avert the accident. Forty eight states follow this doctrine. The forty-ninth state applies the “humanitarian doctrine” to “dangerous” instrumentalities. Only Louisiana has eliminated contributory negligence in so called “last clear” chance cases.

TATE, J.,

The result is contrary to Louisiana jurisprudence, which correctly (in my opinion) holds that the operator of a train or motor vehicle has the duty to look ahead and is liable for inattentiveness for injuries to an inattentive pedestrian. See Jackson v. Cook, 189 La. 860, 181 So. 195 (1938) and succeeding jurisprudence.

DIXON and CALOGERO, JJ., are of the opinion the writ should be granted.  