Williams v. Sauls

ADAMS, J.:

Final judgment for defendant on a jury verdict is before us for review. The action is in tort for the alleged negligent killing of plaintiff’s husband, a pedestrian, by defendant’s automobile. The case was tried on declaration plea of not guilty and contributory negligence.

Plaintiff claims error in the refusal to charge on the last clear chance rule. Defendant says there was no actionable negligence proven hence the asserted error, if any, was harmless. We must therefore first determine whether plaintiff made a case sufficient to go to the jury. If so then whether the case was such…