Capital Transit Co. v. Grimes

CLARK, Associate Justice.

This is an appeal from a verdict and judgment of the District Court of the United States for the District of Columbia in favor of appellee, plaintiff below, in an action for damages for personal injuries. The trial judge, in his charge to the jury, gave an instruction on the doctrine of last clear chance. Appellant contends this was error.

Only recently we stated that, “The doctrine presupposes a perilous situation created or existing through the negligence of both the plaintiff and the defendant, but assumes that there was a time after such negligence had occurred…