Peeler v. Cruse

GRAHAM, Judge.

While defendants do not concede their negligence and plaintiff does not concede his contributory negligence, the only question plaintiff argues in this Court is whether the trial judge erred in finding that the issue of last clear chance does not arise on the undisputed facts in this case.

The doctrine of last clear chance presupposes negligence and contributory negligence. Arvin v. McClintock, 253 N.C. 679, 118 S.E. 2d 129. It is applicable when both plaintiff and defendant have been negligent and the defendant has time, after the respective negligences have created the hazards,…