Boullion v. Bonin

The issues in these two consolidated cases are stated in the original opinion handed down on December 12, 1940. We reversed the judgment in both cases and held the defendants liable on the ground that Bonin had the last clear chance to avoid the accident and failed to do so. A rehearing was granted in order that the litigants might present their argument on the application of the last clear chance doctrine to the facts in the case, as this doctrine was not discussed by either side on the original hearing.

A re-consideration of the case convinces us that our decree awarding the plaintiffs…