Grossman v. Hudson Transit Corp.

Upon plaintiff’s request the court charged the jury that if they find that plaintiff “ was in a place of danger through her own negligence, nevertheless, if the defendant Freilino saw her in such position of danger and could have avoided the injury, there may be liability providing it is shown that the party who saw her in that place of danger could have avoided the injury.” An exception was duly taken to this portion of the charge.

Plaintiff’s counsel was attempting to have the court apply the doctrine of “last clear chance.” In the circumstances disclosed by the evidence, however, the…