Artis v. Wolfe

ARNOLD, Judge.

Plaintiff argues that the evidence raises a genuine issue of last clear chance which had to be submitted to the jury. We disagree.

As we construe the evidence, granting Artis every reasonable inference and resolving each conflict in his favor, we find it to show that the accident occurred in the following way.

Late in the afternoon of 10 April 1973, Thad Artis and his son Jerry were driving a small farm tractor west along a rural paved road. Jerry stopped the tractor and his father got off, secured a loose chain, stepped down into the ditch beside the road and told Jerry to drive…