Capital Transit Co. v. Grimes

I think the judgment should be affirmed. Since appellant offered no objection, at the trial, to the court’s charge concerning the last clear chance, its correctness is not before us. Yet the last clear chance doctrine is involved in the question that is before us. That question is whether the District Court should have granted appellant’s motion for a directed verdict. I think the court rightly denied the motion.

There was substantial evidence, essential parts of which are not mentioned in the opinion of this court, that the accident was caused by the negligence of the operator of the…