Lanier v. Johnson

This action grows out of a collision at a street intersection between a car driven by the defendant below, John C. Lanier, and one driven by J. T. Johnson. Johnson subsequently died and his executrix,' plaintiff below, alleging that his death was due to Lanier’s negligence, recovered a verdict and judgment for $5,000 against Lanier, to whom this writ of error was granted. The controlling issue is whether the judgment can be sustained under the last clear chance doctrine, which was submitted to the jury over defendant’s objection.

The collision occurred about 7:45 a. m., May 1, 1948, at the…