Lanier v. Johnson

I agree with the result reached in the majority opinion that the plaintiff is not entitled to recover.

The facts of the case at bar are not such as to permit plaintiff to rely upon the doctrine of last clear chance.

Decedent was not within either class of parties entitled to invoke that doctrine, i. e.,—(1) a negligent but helpless party and thus one unable to protect himself to whom the defendant is liable if he saw or in the exercise of reasonable care should have seen him in time to have avoided the acci*8dent; nor (2) a negligently inattentive party in danger and unconscious of his peril, to…