Brierley v. Burton

Citations

• 35 Ohio C.C. Dec. 363
• 29 Ohio C.C. (n.s.) 545

Syllabus

<p>NEGLIGENCE</p> <p>1. Doctrine of Last Chance not Applicable when Contributory Negligence First Intervenes.</p> <p>The humanitarian doctrine of last chance is not applicable in a case in which contributory negligence had first intervened, when the undisputed testimony tends strongly to show that the rescue of the decedent from his position of peril would have been physically impossible within the time and under the circumstances presented at the moment his position of danger was discovered.</p> <p>2. Expert Testimony that Quick, Active Man Might have Effected Rescue of Decedent does not Render Last Chance Doctrine Applicable.</p> <p>Nor would the rule embodied in said doctrine be rendered applicable by adopting the view of an expert, called on behalf of the plaintiff, that a quick and active man might have effected a rescue, when the work was nót of a character requiring a man of that type, and had such a man been on the job he could only have effected a rescue by determining what to do and going through several motions within the space of two seconds and at the risk of his own life or serious injury.</p>