Charvoz v. Cottrell

CALLISTER, Justice.

Plaintiff, administrator of the estate of Maurice Bruce Charvoz, brought this action to recover damages for the alleged wrongful death of decedent. The jury returned a verdict of no cause of action and the lower court denied plaintiff’s motion for a new trial. Upon this appeal, plaintiff contends that the trial court erred in two particulars: (1) refusal to give to the jury a requested instruction that the defendant was negligent as a matter of law and (2) refusal to submit a requested instruction upon the issue of last clear chance. A consideration of these assignments, of…