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GLOSSON MOTOR LINES, INC. v. SOUTHERN RAILWAY CO.

No. 6922SC249.

168 S.E.2d 470 (1969)

5 N.C. App. 402

GLOSSON MOTOR LINES, INC. v. SOUTHERN RAILWAY COMPANY.

Court of Appeals of North Carolina.

July 23, 1969.

Attorney(s) appearing for the Case

Robert L. Grubb, Lexington, for plaintiff appellee.

Joyner, Moore & Howison, by W. T. Joyner, Raleigh, and Walser, Brinkley, Walser & McGirt, by Gaither S. Walser, Lexington, for defendant appellant.

MALLARD, Chief Judge.

Defendant objected to the submission of the third issue relating to last clear chance. The doctrine of last clear chance is applicable when both the plaintiff and the defendant have been negligent and the defendant has time to avoid the injury after the combined negligence of both have resulted in the hazard being created. In the case of Ingram v. Smoky Mountain Stages, Inc., 225 N.C. 444, 35 S.E.2d 337 (1945) it is said:

"The doctrine...

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