Hennis Freight Lines, Inc. v. Burlington Mills Corp.

The appeal rests on Exception No. 8, which is: “The plaintiffs except to the charge because the Court failed to declare and explain the law arising on the evidence given in the case in that the Court failed to declare and failed to explain the principles of last clear chance or discovered peril as such principles related to the first issue.”

The exception is without merit. The doctrine of last clear chance was not germane to the first issue.

The doctrine of last clear chance presupposes negligence on the part of the injured person, and has no application on his behalf unless he is chargeable…