Gibbs v. Mikesell

The opinion of the court was delivered by This is an appeal from a ruling of the lower court overruling
defendant's demurrer to plaintiff's second amended petition which
pleads a cause of action in common law negligence and, in the
alternative, a cause of action under the doctrine of last clear
chance. The fundamental question presented is whether the plaintiff in
alleging the doctrine of last clear chance in the second amended
petition has alleged facts which admit contributory negligence as
a matter of law.