Mercer v. Powell

Tbis question determines the controversy on this appeal: Is there sufficient evidence to take the case to the jury under the doctrine of last clear chance which is invoked by plaintiff? The court below said “No.” With this answer we are in agreement.

The principles of law here involved were recently restated and applied in the case Cummings v. R. R., 217 N. C., 127, 6 S. E. (2d), 837. What is said there is applicable here.

At the outset let it be noted that this is not a case of a railroad crossing accident. To the contrary, plaintiff contends that at the time her intestate was struck by a…