George v. Evans

I respectfully dissent because I am in accord with the principles stated in Johnson v. Gaines, Ky., 313 S.W.2d 408, and Clayton v. Gray, Ky., 348 S.W.2d 938, holding the driver free of negligence under factual situations which are not distinguishable from the facts of the instant case. Further, under the doctrine of Whitesides v. Reed, Ky., 306 S.W.2d 249, the giving of a “last clear chance” instruction cannot be justified here. There are other cases that sustain the principles of the cases cited.

If the court is going to change the law it should, in all fairness, point out to the losing…