Kavner v. Holzmark

Appeal from judgment for defendants rendered pursuant to jury verdict in personal injury action and from order denying motion for new trial. Appellant’s brief says: “This appeal is based solely upon the ground that the trial court failed and refused to give instructions to the jury on the Doctrine of Last Clear Chance.”

Pursuant to augmentation of the record ordered upon the court’s own motion (Appeals rule 12), it appears that plaintiff requested the giving of an instruction based upon the formula stated in Brandelius v. City & County of San Francisco, 47 Cal.2d 729, 743 [306 P.2d 432], hence…