Odekirk v. Austin

BERNSTEIN, Vice Chief Justice.

The sole question presented by this appeal is whether the trial court erred in refusing to instruct the jury as to the doctrine of last clear chance.

In determining whether the plaintiff’s-appellant’s request for submission of a last clear chance issue to the jury was properly refused we will consider the facts in the light most favorable to plaintiff-appellant together with the logical inferences which reasonably flow from such facts. Casey v. Marshall, 64 Ariz. 232, 168 P.2d 240 (1946).

The facts are: about 5:15 P.M. on April 17, 1957, plaintiff Cleland P.…