Union Pacific Railroad Company v. Juan Munoz and Maria Munoz

BARNES, Circuit Judge.

This is an appeal by Union Pacific Railroad Company from a judgment in favor of appellees for personal injuries in a diversity action. 28 U.S.C. § 1332 (a) (1).

The sole question on appeal is whether the jury should have been instructed on the doctrine of last clear chance. It was instructed as follows:

“A certain reasoning process that we sometimes call to our aid in analyzing the facts of an accident case is known as the Doctrine of Last Clear Chance. It is permissible to use the doctrine only after we first find, and you may not use it unless and until you first shall…