McLeod v. Caprarello

The first instruction to which exception was taken in effect advised the jury that the defendant was liable under the doctrine of the last clear chance, unless the plaintiff was guilty of contributory negligence: “unless at [before?] the time of the injury the plaintiff by the exercise of reasonable care could have avoided it.” Since application of the doctrine presupposes negligence on the part of the plaintiff, this was error. If the instruction was an attempt to indicate that the doctrine would cease to apply if the plaintiff became aware of her peril in season by the exercise of…