McMillan v. Horne

The record in this case presents one vital and controlling question: Was the evidence sufficient to go to the jury on the third issue? Ordinarily the last -clear chance involves the conduct of a defendant after his negligence and the plaintiff’s contributory negligence have had their play, still leaving the defendant time and opportunity to avoid the injury notwithstanding what both parties have previously done, or failed to do. In essence, the issue is one of proximate cause.

In passing on the question here presented, Justice Ervin, in Wade v. Sausage Co., 239 N.C. 524, 80 S.E. 2d 150, stated…