Stewart v. Capital Transit Co.

The appellants requested an instruction upon the doctrine of the last clear chance as set out in their prayer No. 1. In the original opinion, we held that the refusal to grant this prayer was correct; that the prayer was defective “in that it does not require either that the peril of the plaintiff Lottie Stewart be inescapable, or that she be oblivious to it.”, .On rehearing the majority decide that, before the doctrine of last clear chance may be invoked, the peril must be inescapable or there be obliviousness to it. With this I cannot agree, nor do I think that the authorities cited by the…