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" 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 277
1888
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The Pacific Reporter, Volume 87

Law reports, digests, etc - 1907
...stopped the train, was guilty of such negligence as to bring the case within the doctrine that "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, 37 Рас. 500. The doctrine In question, as above and...
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The Central Law Journal, Volume 66

Law - 1908
...doctrine of that case, and the ground of its decision, have been accurately stated as follows:2 "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." The North Carolina Supreme Court, whose treatment of the doctrine as applied...
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Grounds and Rudiments of Law, Volume 2

William Taylor Hughes - Law - 1908
...are 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. Thompson v. Salt Lake Co. ; Cincinnati RR v. Worthington (1903), 30 Ind. Ap. 603, 96 Am. St. 355, n....
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The Southwestern Reporter, Volume 107

Law reports, digests, etc - 1908
..."Discovered peril" rests upon the principle that "the party who has the last clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it." This relegates the antecedent negligence of either party to the position of the remote cause of the...
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The American State Reports: Containing the Cases of General ..., Volume 125

Abraham Clark Freeman - Law reports, digests, etc - 1909
...been accurately stated by a writer in the Quarterly Law Review, volume 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 408, 12 Sup. Ct. Rep. 679,...
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The Northwestern Reporter, Volume 121

Law reports, digests, etc - 1909
...decision, though not clearly expressed by the court, has been accurately stated, as follows: "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." In Smith v. Railway, 114 NC "28, 19 SE 8G3, 923, 25 L. R, A. 287, the subject...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1910
...decision, though not clearly expressed by the court, has been accurately stated, as follows: "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." In Smith v. Railway, 114 N. C. 728, 19 SE 863, 923, 25 LRA 287, the subject...
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The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts ...

Texas. Court of Civil Appeals - Law reports, digests, etc - 1910
..."Discovered peril" rests upon the principle that, "the party, who has the last clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it." This relegates the antecedent negligence of either party to the position of the remote cause of the...
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The Northwestern Reporter, Volume 129

Law reports, digests, etc - 1911
...contributed to the Injury, it does not constitute contributory negligence which bars a recovery. The party who last has a clear opportunity of avoiding the accident,...opponent, Is considered solely responsible for It A very full discussion of the doctrine of the last clear chance is found In note to case of Bogan v....
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Reports of Cases Decided in the Appellate Court of the State of ..., Volume 54

Indiana. Appellate Court - Law reports, digests, etc - 1914
...both of these questions would constitute a prima facie case of contributory negligence." The party who has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it. This language is forceful and is peculiarly applicable to the facts in this case. This same doctrine...
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