Schwandt v. Bates

Under the opinion written by Justice Smith the judgment is reversed upon the ground that the trial court committed prejudicial error by instructing the jury on the last clear chance doctrine because “there is no substantial evidence to support the doctrine.” In order that the reasons for my dissent may be clearly understood I consider it necessary to mention more of the facts than are stated in said opinion.

The uncontradicted evidence discloses that the accident occurred within an intersection at approximately 1:30 a. m.; the street surface was dry and visibility was good. Plaintiff testified…