Vernon v. Crist

COPELAND, Justice.

This appeal presents several issues for our determination all related to the question of whether the trial court should have allowed the issue of last clear chance to be submitted to the jury.

Prior to the effective date of the Rules of Civil Procedure, 1 January 1970, our Court had repeatedly said that in order to submit an issue of last clear chance there must be both allegata and probata. Exum v. Boyles, 272 N.C. 567, 158 S.E. 2d 845 (1968); Wooten v. Cagle, 268 N.C. 366, 150 S.E. 2d 738 (1966); Phillips v. R. R., 257 N.C. 239, 125 S.E. 2d 603 (1962); Gunter v. Winders,…