Explain the economic rationale for this doctrine

Reference no: EM131227497

The case of New York Cent. R. Co. v. Thompson (21 N.E.2d 625, 1939) concerned a woman who accidentally caught her foot in some railroad tracks and was injured when a train failed to brake in time and struck her. Suppose the liability rule is negligence with a defense of contributory negligence.

(a) Will the woman be able to recover her damages if the court determines that she was negligent for walking on the tracks?

(b) Under what doctrine will the woman be able to recover, despite her negligence, if the court determines that the train saw her predicament and had time to brake but did not? Explain the economic rationale for this doctrine.

Reference no: EM131227497

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