Smith v. Gould

I have no quarrel with the majority of the Court merely for disagreeing with my personal expression in the last paragraph of the opinion in Keller v. Ry. Co., 109 W. Va. 522, 528, 156 S. E. 50, 52-3. I regret the disagreement, of course, but I find companionship with other jurists, such as Cardozo, who said in 1930: “The doctrine of the last clear chance, however, is never wakened into action unless and until there is brought home to the defendant to be charged with liability, a knowledge that another is in a state of present peril.” Woloszynowski v. Ry. Co., (N. Y.) 172 N. E. 471-2. See also…