Williamson v. McNeill

Conceding, arguendo, that plaintiff’s evidence made out a case of actionable negligence, we are of the opinion that such evidence also (1) established contributory negligence as a matter of law and (2) failed to establish the element of last clear chance which renders that doctrine applicable only when the defendant “* * * had the time and means to avoid injury to the endangered pedestrian by the exercise of reasonable care after he discovered, or should have discovered, the pedestrian’s perilous position and his incapacity to escape from it * * See Wade v. Sausage Co., 239 N.C. 524, 80 S.E.…