Redmon v. Southern Railway Co.

When must the trial judge submit an issue of last clear chance to the jury? The last clear chance doctrine is the duty imposed by the humanity of the law upon a party to exercise ordinary care in avoiding injury to another who has negligently placed himself in a situation of danger. The doctrine is said to have sprung from the celebrated case of Davies v. Mann, 10 M. & W., 546, decided in 1842, and is commonly known as the hobbled ass case. An excerpt from that case is as follows: “The defendant has not denied that the ass was lawfully in the highway, and therefore we must assume it to have…