Miller v. Southern Railway Co.

There was sufficient evidence of negligence and of contributory negligence, and as the jury answered both of these issues in the affirmative, the determinative question is whether the trial judge should have submitted to the jury the issue of last clear chance.

Peril and the discovery of such peril in time to avoid injury constitutes the back-log of the doctrine of last clear chance. Was the plaintiff’s intestate in a situation of peril at the crossing ? Did his car stall on the track? Did he look and listen before attempting to cross? The evidence does not speak upon any of these questions.…