Hester v. Watson

(dissenting)—The haunting subtleties of phase one and phase two, last clear chance, emanating from the majority opinion, suffused as they are with space-time calculations based necessarily upon expanding and diminishing estimates of speed and distance, and further complicated by computations as to acceleration and deceleration, are beyond my comprehension. Accordingly, I dissent. When the court takes a simple, straightforward rule of law laid down by the legislature to protect travelers upon arterial highways, and makes it depend upon the intricacies of calculus as the basis for its…