Clodfelter v. Carroll

Defendant assigns as error the submission to the jury of the third issue of last clear chance. This presents for determination the question as to whether there was sufficient evidence, considered in the light most favorable to plaintiff, to require submission of the issue of last clear chance to the jury. Wade v. Sausage Co., 239 N.C. 524, 80 S.E. 2d 150.

The allegations of fact in the complaint, which are admitted in the answer to be true, and plaintiff’s evidence show the following facts:

On 7 October 1961 plaintiff, a woman 75 years of age, attended the evening services conducted by Rev. L.…