Observations on Last Clear Chance in West Virginia

One who undertakes a discussion of the doctrine of last clear chance need make no apologies to those who have had occasion to inquire, even superficially, into the subject. The perfectly bewildering assortment of cases in West Virginia applying the principle indiscriminately under the guise of proximate cause, supervening negligence, or wilful negligence, point to the necessity for an attempt at clarification. It is the purpose of this article to make that attempt, to analyze the reported cases, pointing out those believed to be incorrectly decided, and to submit definite classifications and rules of application tending to produce rational decisions in cases of this character.