Capital Transit Co. v. Garcia

EDGERTON, Circuit Judge.

Appellee Garcia recovered judgment against appellant Transit Company for personal injuries caused by his walking against the side of a streetcar. In crossing the street on a crosswalk, he kept watching a traffic light on his right and so failed to see the streetcar approaching from his left. Obviously his negligence was a cause of his injury. The chief question is whether the District Court erred in submitting the case to the jury on the basis of the so-called last dear chance doctrine. We think the court was right.

Clearly there was never a time when the operator of…