Hudson v. Norfolk Southern Railroad

Tbe jury having answered tbe first and second issues in tbe affirmative, plaintiff was not entitled to recover of defendant damages for tbe death of her intestate, unless, upon tbe evidence, she could invoke, successfully, tbe principle of law, upon which tbe doctrine of tbe “last clear chance” is founded. Although tbe death of plaintiff’s intestate was caused by tbe negligence of defendant, tbe right to recover damages was barred by tbe contributory negligence of tbe deceased unless, notwithstanding such contributory negligence, defendant could, by exercise of proper care, have avoided tbe…