Gypsy Oil Co. v. Colbert

I cannot give my assent to the conclusion which has been announced by my associates in this case. In my opinion there was no inconsistency in pleading primary negligence and the doctrine of the last clear chance in the alternative, in the present case.

In many cases it would be impossible to tell in advance what the evidence will develop, and to require an election before the evidence has been submitted as to whether plaintiff seeks a recovery under primary negligence or the last clear chance would be compelling a plaintiff to throw away an opportunity of selecting the appropriate remedy and…