American Railway Express Co. v. Los Angeles Railway

TUTTLE, J., pro tem.

This is an action brought to recover damages for personal injuries alleged to have been inflicted through the operations of defendant Bailway Company’s street-car. The jury returned a verdict in favor of defendant. A motion for new trial was made and granted upon the sole ground that the court had erred in refusing to give the following instruction:

“You are instructed that though the plaintiff and defendants were each guilty of negligence, if the defendants had the last clear chance of avoiding injury to plaintiff by the exercise of reasonable care and failed to do so,…