Trbovich v. Burke

The principle of “ the last clear chance ” applicable to this case is stated in the opinion in Woloszynowski v. N. Y. C. R. R. Co. (254 N. Y. 206, at p. 208), as follows: “ The doctrine of the last clear chance, however, is never wakened into action ■unless and until there is brought home to the defendant to be charged with liability a knowledge that another is in a state of present peril, in which event there must be reasonable effort to counteract the peril and avert its consequences (Wright v. Union Ry. Co., 224 App. Div. 55; 250 N. Y. 526). Knowledge may be established by circumstantial…