Sanders v. Florida East Coast Railway Co.

I am impelled to dissent from the majority opinion. It is my conviction that the trial court judge was eminently correct in declining to instruct the jury concerning the doctrine of “last clear chance.”

This determination of the trial court was bottomed upon the following reasoning:

“THE COURT: I am going to deny the request of Last Clear Chance and I think that is probably the closest ruling in the case, but it is on this thinking, and I will explain it to you. I don’t think that the Jury could find that at the point where the Plaintiff came into peril, a position of peril, that it was…