Johnston v. Delano

This action is brought to recover for the killing of a boy not quite IB years of age. The majority opinion holds *197“that there are two controlling questions upon which the decision of the case must depend.” The first is whether 'the deceased was guilty of contributory negligence, and the second apparently is the “last clear chance” doctrine. The conclusion is drawn that “the evidence shows that they (referring to Andy Johnson, a man about 50 years old, and the deceased) recklessly drove upon the track without any precaution, because, under the circumstances and conditions shown- to exist at the…