Lovett v. Sandersville Railroad Co.

Under the doctrine of the last clear chance the petition set forth a cause of action and the court did not err in overruling the general demurrer. “The doctrine of last clear chance means that even though a person’s own acts may have placed him in a position of peril, yet if another acts or omits to act with knowledge of the peril, and injury results, the injured person is entitled to recover.” 38 Am. Jur. 904, § 218, The origin of the doctrine is said to be traced to the celebrated English decision of Davies v. Mann, 10 Mees & W. 546, 152 Eng. Reprints 588, 19 Eng. Rul. Cases 190. The burden…