 The party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry.  Albany Law Journal - Page 2771888Full view - About this book
 | Law reports, digests, etc - 1898 - 1164 pages
...are negligent, the true rule is held to be tluit the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it. 2. A plaintiff may recover damages for an injury caused by the defendant's negligence, notwithstanding... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1064 pages
...being negligent, the true rule is held to be that "the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it": 1 Shearman and Redfield on Negligence, sec. 99. It is also well settled that a plaintiff may recover... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1054 pages
...being negligent, the true rule is held to be that "the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it": 1 Shearman and Redfield on Negligence, sec. 99. It is also well settled that a plaintiff may recover... | |
 | Railroad law - 1902 - 1036 pages
...8.408, 429, 12 Sup. Ct. 679, 687, 36 L. Ed. 485. The elementary writers are equally emphatic. "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it. It is now perfectly well settled that the plaintiff may recover damages for an injury caused by the... | |
 | Law - 1902 - 540 pages
...felicitously stated by a writer in the Quarterly Law Review (Vol. 2, p. 507) as follows: "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it." This quotation implies what is expressly stated by the North Carolina Supreme Court in Smith v. Norfolk... | |
 | Idaho. Supreme Court - Law reports, digests, etc - 1908 - 922 pages
...been accurately stated by a writer in the Quarterly Law Review, vol. 2, 507, as follows: "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry. Co. v. Ives, 144 US 480, 12 Sup. Ct. 679, 36 L.... | |
 | Electronic journals - 1903 - 652 pages
...to be preferred, it should be the former. THE LAST CHANCE DOCTRINE. — " The party who has the last clear opportunity of avoiding the accident notwithstanding...opponent is considered solely responsible for it." The last chance doctrine thus expressed was adopted in a recent Louisiana case. Barnhill v. Texas &•... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - Law reports, digests, etc - 1905 - 722 pages
...injury. To hold, as contended by counsel, that " the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it," would therefore, in most cases, nullify and render nugatory the well-established rule that contributory... | |
 | Law reports, digests, etc - 1905 - 1008 pages
...negligent, the true rule is held to be that "the party who last has a clear opportunity of avoid ing the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it." 1 Shearm. & Redf. Neg. g 99. It is also well settled that a plaintiff may recover damages for an injury... | |
 | Annotations and citations (Law) - 1906 - 1058 pages
...said to be a correct statement of the law in Holmes v. South Pac. C. Ry. Co., 97 Cal. 169. "The party who last has a clear opportunity of avoiding the accident,...of his opponent, is considered solely responsible": Esrey v. Southern Pacific Co., 103 Cal. 545. Cited in Everett v. Los Angeles etc. Ry. Co., 115 Cal.... | |
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