Green v. Ruffin

I find myself unable to concur in the opinion rendered in this ease, and am presenting herewith some of the reasons that impel me to a different conclusion from that reached by a majority of the court.

The majority opinion has reversed the case because the trial court instructed the jury on the “last clear *651chance” doctrine; this court holding that the evidence in the case, although considered as upon a demurrer to the evidence rule, did not present a state of facts that would support an application of the doctrine of discovered peril or last clear chance.

For the purposes of this discussion the…