The party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry. Albany Law Journal - Page 2771888Full view - About this book
| Law reports, digests, etc - 1907 - 1182 pages
...stopped the train, was guilty of such negligence as to bring the case within the doctrine that "the party who last has a clear opportunity of avoiding the accident,...of his opponent, is considered solely responsible. Esrey v. Southern Pacific Co., 103 Cal. 545, 37 Рас. 500. The doctrine In question, as above and... | |
| Law - 1908 - 554 pages
...doctrine of that case, and the ground of its decision, have been accurately stated as follows:2 "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." The North Carolina Supreme Court, whose treatment of the doctrine as applied... | |
| William Taylor Hughes - Law - 1908 - 248 pages
...are negligent the true rule is held to be that the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it. Thompson v. Salt Lake Co. ; Cincinnati RR v. Worthington (1903), 30 Ind. Ap. 603, 96 Am. St. 355, n.... | |
| Law reports, digests, etc - 1908 - 1350 pages
..."Discovered peril" rests upon the principle that "the party who has the last clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it." This relegates the antecedent negligence of either party to the position of the remote cause of the... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1909 - 1226 pages
...been accurately stated by a writer in the Quarterly Law Review, volume 2, 507, as follows: "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it. ' ' The United States supreme court in Grand Trunk Ry. Co. v. Ives, 144 US 408, 12 Sup. Ct. Rep. 679,... | |
| Law reports, digests, etc - 1909 - 1274 pages
...decision, though not clearly expressed by the court, has been accurately stated, as follows: "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." In Smith v. Railway, 114 NC "28, 19 SE 8G3, 923, 25 L. R, A. 287, the subject... | |
| Railroad law - 1910 - 860 pages
...decision, though not clearly expressed by the court, has been accurately stated, as follows: "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." In Smith v. Railway, 114 N. C. 728, 19 SE 863, 923, 25 LRA 287, the subject... | |
| Texas. Court of Civil Appeals - Law reports, digests, etc - 1910 - 760 pages
..."Discovered peril" rests upon the principle that, "the party, who has the last clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it." This relegates the antecedent negligence of either party to the position of the remote cause of the... | |
| Law reports, digests, etc - 1911 - 1278 pages
...contributed to the Injury, it does not constitute contributory negligence which bars a recovery. The party who last has a clear opportunity of avoiding the accident,...opponent, Is considered solely responsible for It A very full discussion of the doctrine of the last clear chance is found In note to case of Bogan v.... | |
| Iowa. Supreme Court - Law reports, digests, etc - 1911 - 858 pages
...decision, though not clearly expressed by the court, has been accurately stated as follows: "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." In Smith v. Railway, 114 NC 728 (19 SE 863, 923, 25 L. It. A. 287), the... | |
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