¶1concurring.
¶2I have grave doubt whether the last clear chance doctrine can ever be applied to a case involving a collision between two automobiles in an intersection of streets under circumstances similar to those described in the opening statement of counsel for the plaintiff. Thus it is said in 61 CJS 123, Motor Vehicles §493:
“As a general rule the last clear chance doctrine is inapplicable if the negligence of the injured person continued to the time of the accident and concurred with the negligence of the motorist as a proximate cause of the injury.”
¶3I agree, however, that this is a question to be determined not on the opening statement of counsel, but after the evidence on 'behalf of the plaintiff has been received. I, therefore, concur in the result.