Schwandt v. Bates

(concurring specially) .

The majority opinion holds that prejudicial error was committed by the trial court in instructing the jury on the “Last Clear Chance Doctrine” for the reason there is no substantial evidence to support the giving of such instruction. With this conclusion I concur. I wish to point out however, that the last clear chance doctrine should be limited in its application to a plaintiff charged with contributory negligence and only in those cases, which disclose proper factual situations justifying its application.

In the early case of Pilmer v. Boise Traction Co., 14 Idaho…