Reese ex rel. Reese v. Proctor

(concurring specially) :

I concur in affirming the judgment. In-' asmuch as the question relating to the submission of the case to the jury on the theory of “last clear chance” involves some difficulty and some disagreement, as indicated by the dissent, I desire to set forth my reasons for approval of doing so.

The foundational premise from which such an analysis must proceed is that one who is himself guilty of negligence which proximately causes his own injury ordinarily cannot recover from someone else for causing that injury, even though the latter may be. guilty of negligence which also…