Walker v. Spokane, Portland & Seattle Railway Co.

Plaintiff’s decedent was killed when the car he was driving, which was stopped on defendant Oregon Electric’s railroad tracks, was struck by Oregon Electric’s train. The jury returned a verdict against plaintiff and she appeals. The only issue is whether the trial court correctly submitted the last clear chance doctrine to the jury.

If a jury finds that the defendant had the “last clear chance” to avoid injuring plaintiff, plaintiff can recover despite the fact that plaintiff was negligent and his negligence was a cause of his injury. Lindsey v. Southern Pacific Co., 240 Or 11, 14, 399 P2d 152…