Todd v. Southern Pacific Co.

This is another of the many cases that have come before the appellate courts in which an unsuccessful plaintiff, injured in a collision of moving vehicles at an intersection, claims error in refusing to instruct the jury upon the doctrine of last clear chance. Counsel asserts “that the evidence in this case virtually cries out for the application of the last clear chance doctrine.” Our examination of the record, in the light of the controlling authorities, persuades us that the evidence makes no such cry; the cry is merely that of counsel.

The doctrine was elaborately reviewed by the Supreme…