...This doctrine is clearly stated by a writer in 2 Law Quarterly Review p. 507 as follows: "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it." This doctrine has been frequently recognized and applied by our courts. Grass v. Fort Wayne, etc.,...

...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...

...based on the last clear chance doctrine. The words of the lower court were: "The party who has the last clear opportunity of avoiding the accident notwithstanding...opponent is considered solely responsible for it." The statement has the advantage of being short, but brevity in this instance is destructive to a fair...

...had he exercised proper care after discovering the danger, or, as it has been tersely put, "the party who last has a clear opportunity of avoiding the accident,...opponent is considered solely responsible for it." 211 The negligent conduct of the plaintiff is not then a cause, but a condition.21* Thus plaintiff...

...137 NYS 273, 152 App. Div. 444. (NDliilO) The person who last has a clear opportunity of avoiding an accident, notwithstanding the negligence of his opponent, is considered solely responsible for it.— Acton v. Fargo & M. St. Ry. Co., 129 NW 220, 20 N. D. 434. (Ohio, 1907) Where plaintiff has been negligent...

...plaintiff could still recover, and sums up the law In this general rule : " The result is, that the party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it; and this will be found, we believe, to be true in all such cases, whether the series be long or short."...

...rule : " The result is, that the party who last has a clear opportunity of avoiding the acc1 Jen/, notwithstanding the negligence of his opponent, is considered solely responsible for it; and this will be found, we believe, to be true in all such cases, whether the series be long or short."...

...on the wrong side of the road." The doctrine of the above case has been stated to be that "the party who last has a clear opportunity of avoiding the accident,...his opponent, is considered solely responsible for it."4 Another legal writer5 in describing the rule as set out in the above case says, "It means only...

...Horn, 52 NJL 284, 10 LRA 184. JETSAM AND FLOTSAM. 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 waa adopted in a recent Louisiana case. Barnblll v. Texas &...

...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....