Wade Ex Rel. Wade v. Jones Sausage Co.

The defendants assert that the evidence does not bring the plaintiff’s claim within the purview of the last clear chance or discovered peril doctrine, and that their assignments of error ought to be sustained on that ground.

Where an injured pedestrian who has been guilty of contributory negligence invokes the last clear chance or discovered peril doctrine against the driver of a motor vehicle which struck and injured him, he must establish these four elements: (1) That the pedestrian negligently placed himself in a position of peril from which he could not escape by the exercise of reasonable…