Toole ex rel. Kelly v. Dumas

WHITE, JOS. S., Associate Judge.

This appeal grows out of a suit for bodily injury. There was a verdict for the defendant and appellant, plaintiff below, now urges that the lower court erred in refusing his request to give the charge on the “last clear chance.” 1

The injured party, a ten-year-old lad, was riding a bicycle on the unpaved “shoulder” of a public street. Defendant was driving an automobile truck in the opposite direction in the proper lane of the street, a paved two-lane roadway. It was during daylight hours and weather conditions were normal. The truck was proceeding at 8 or 10…