Winegardner Ex Rel. Winegardner v. Manny

The question presented is whether the evidence is sufficient to have warranted submission to the jury under the doctrine of .last clear chance. This doetrine, sometimes called the humanitarian doctrine, proceeds upon the theory that notwithstanding the negligence of an injured plaintiff, if defendant knows of the peril in which plaintiff has placed himself, it is defendant’s duty, after acquiring such knowledge, to avoid the accident if that can be done by the exercise of ordinary care. For a breach of such duty which results in injury there may be a recovery. The doctrine applies where a…