Anderson v. Payne

I agree with the majority opinion that the facts of this case do not justify the application of the doctrine of last clear chance and that, therefore, the verdict and judgment should not be sustained. I cannot, however, agree with the approach and reasoning by which that result is reached.

*722Almost thirty years ago it was apparent to this court that conflict obtained in decisions dealing with the doctrine of last clear chance. In the case of Gunter v. Southern Ry. Co. (1920), 126 Va. 565, 101 S. E. 885, in an exhaustive opinion, the scholarly Judge Burks, in recognizing such conflict, stated:…