Cleveland Ry. Co. v. Masterson

Since the decision by this court of West, Recr., v. Gillette, Admr., 95 Ohio St., 305, 165 N. E., 521, some of our nisi prius courts have had difficulty in applying the “last clear chance” doctrine in the trial of personal injury cases. The records of this court disclose that the appellate courts have* less difficulty, and generally adhere to the rule that, where the plaintiff and defendant both are negligent, and the former’s negligence places him in a perilous situation from which he cannot escape, the plaintiff still may recover, even though he negligently placed himself in such situation,…