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Automobile accident

University of Michigan Law School

Transportation Law

1942

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Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review Feb 1942

Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review

Michigan Law Review

The plaintiff and her companion, both unaware of the defendant's approaching automobile, negligently drove onto a highway along which the defendant was driving at a high rate of speed. When thirty to forty feet away from the plaintiff, the defendant sounded his horn, applied the brakes, and swerved his car, but was unsuccessful in avoiding the collision. The trial court directed a verdict for the defendant. Held, judgment for the defendant reversed since the jury might have found: that defendant should have realized plaintiff's danger when he was one hundred and twenty feet away from the plaintiff; that although …