Aydlett v. Keim

The defendant excepted to the submission of the third issue. Therefore, it becomes necessary to determine whether the evidence adduced in the trial below is sufficient to support a verdict in favor of the plaintiff on that issue. And in our opinion there is no evidence to support an affirmative answer thereto.

The doctrine of last clear chance or discovered peril is firmly established in our law; and is clearly and concisely stated by Barnhill, J., speaking for the Court in Ingram v. Smoky Mountain Stages, Inc., 225 N.C. 444, 35 S.E. 2d 337, as follows : “Tbe contributory negligence of tbe…