last clear chance doctrine in Arkansas

1955Railway Co. v. Simpson, 184 Ark. 633 , 43 S. W. 2d 251 , it is said: ‘ ‘ The discovered peril doctrine, or the doctrine of last clear chance, as it is sometimes called, constitutes an exception to the rule that the contributory negligence of the plaintiff is a bar to his action.

1955Railway Co. v. Simpson, 184 Ark. 633 , 43 S. W. 2d 251 , it is said: ‘ ‘ The discovered peril doctrine, or the doctrine of last clear chance, as it is sometimes called, constitutes an exception to the rule that the contributory negligence of the plaintiff is a bar to his action.

1961Stats., 73-1002; that if it had kept said lookout its servants could have discovered the disabled automobiles upon said track as alleged in the complaint, in time to have slowed the train or stopped it in time to prevent striking said automobiles and injuring plaintiff, and defendant was negligent in failing to do so, it was negligent in failing to discover the automobiles upon the track and if it did discover them in time, then it was negligent in slowing its train or stopping it before striking said automobiles and preventing injuring plaintiff as alleged in his complaint.” 3 In the last cle

1961Stats., 73-1002; that if it had kept said lookout its servants could have discovered the disabled automobiles upon said track as alleged in the complaint, in time to have slowed the train or stopped it in time to prevent striking said automobiles and injuring plaintiff, and defendant was negligent in failing to do so, it was negligent in failing to discover the automobiles upon the track and if it did discover them in time, then it was negligent in slowing its train or stopping it before striking said automobiles and preventing injuring plaintiff as alleged in his complaint.” 3 In the last cle

1955Under this doctrine, where one discovered the perilous- situation of another in time, by the exercise of ordinary care, to prevent injury to him, it is his duty to do so.” In Roland v. Terryland, Inc., 221 Ark. 837 , 256 S. W. 2d 315 , we quoted with approval from Shearman Concrete Pipe Co. v. Wooldridge, 218 Ark. 16 , 234 S. W. 2d 382 , “The so-called ‘discovered peril doctrine’ or the ‘last clear chance doctrine’, which doctrine, most succinctly stated, is that the contributory negligence of the plaintiff does not preclude a recovery for the negligence of the defendant when it appears that t

1955Under this doctrine, where one discovered the perilous- situation of another in time, by the exercise of ordinary care, to prevent injury to him, it is his duty to do so.” In Roland v. Terryland, Inc., 221 Ark. 837 , 256 S. W. 2d 315 , we quoted with approval from Shearman Concrete Pipe Co. v. Wooldridge, 218 Ark. 16 , 234 S. W. 2d 382 , “The so-called ‘discovered peril doctrine’ or the ‘last clear chance doctrine’, which doctrine, most succinctly stated, is that the contributory negligence of the plaintiff does not preclude a recovery for the negligence of the defendant when it appears that t

1953In the instant case the driver of each car had a right to assume that the other would try to avoid a collision. . . “ 'When, however, the continuing negligence of the injured person in failing to discover his own danger and move out of the danger zone stands over against the continuing negligence of defendant for failing to discover the situation and avert the accident, it is difficult to understand how the doctrine of last clear chance may be applied consistent with the proximate cause view.’ ” In the more recent case of Strickland Transportation Company v. Gunter, 175 F. 2d 747 , United Stat

1953In Houck v. Marshall, 198 Ark. 938 , 132 S. W. 2d 181 , where facts similar in effect were present, in denying the application of the discovered peril doctrine, we said: “Under the facts in the instant case we are of the view that the discovered peril, or the last clear chance doctrine, does not apply ...

1953In Houck v. Marshall, 198 Ark. 938 , 132 S. W. 2d 181 , where facts similar in effect were present, in denying the application of the discovered peril doctrine, we said: “Under the facts in the instant case we are of the view that the discovered peril, or the last clear chance doctrine, does not apply ...