Petrove v. Grand Trunk Western Railroad

Memorandum Opinion. We granted leave to appeal in this case to determine whether the trial court erred in instructing the jury regarding the doctrine of "last clear chance.” After considering this matter, we are persuaded that it was error to give such an instruction. We therefore vacate the judgment of the Court of Appeals and remand the case to that Court for further consideration of the issue whether the error requires a new trial.

This case arises from a collision between an automobile driven by the plaintiff motorist and a train belonging to the defendant railroad. The plaintiffs 1 and…