Brown v. Swift

EDWARD P. HILL, Judge.

This appeal undertakes to reverse a $15,000 judgment entered pursuant to the verdict of a jury in appellee’s (plaintiff’s) suit for personal injuries sustained» when struck by appellant’s (defendant’s) automobile while appellee was crossing Frankfort Avenue in Louisville, Kentucky.

In appellant’s lone ground for reversal, he argues that the trial court erred in giving a “last clear chance” instruction; that there was no evidence to justify such instruction.

The accident occurred about 10 p.m., New Year’s Eve 1964, when appellee was crossing Frankfort Avenue from the north…