Thompson v. Titus Motor Co.

The sole issue on this appeal is whether an instruction on last clear chance should have been given to the jury.

The plaintiff was painting an emblem on an advertising panel above the high fence which separated the defendant’s used car lot from an alley. He was standing on an aluminum plank (fourteen inches in width), one end of which rested on the ten-foot rung of a three-legged ladder, one leg of which ladder the plaintiff had placed between the right rear fender and the bumper of one of the used cars on the lot.

An employee of the defendant moved the car and, in so doing, pulled the ladder…