CHAIGHEAD v. Sellers

Marvin Lathern Craighead, while walking along the highway, was struck and killed by a car driven by Walter Sellers. In an action for 'wrongful death by the administrator against Sellers, after the conclusion of the plaintiff’s evidence the trial court struck the evidence on the ground that it showed, as a matter of law, that the accident was proximately caused by the concurring negligence of the decedent and the defendant.

The -sole issue presented to us is whether the case should have been submitted to the jury upon proper instructions embodying the doctrine of last clear chance.

The accident…