Ratlief v. Yokum

Miller, Justice:

This appeal from the Circuit Court of Grant County is brought by William C. Ratlief, the plaintiff below, after a jury verdict in favor of the defendant, Ira P. Yokum. The appellant/plaintiff alleges that the trial court erred in not directing a verdict in his favor; in giving certain erroneous instructions, including one of the defendant’s instructions on last clear chance; and, in allowing inadmissible testimony to be heard by the jury. Because we believe that the trial court was incorrect in allowing the defendant to rely on the theory of last clear chance, we reverse.

This…