Payne v. Zapp

CULLEN, Commissioner.

Appellants Oscar Payne, Jr., and Elaine Thomas Henton, while attempting to walk across Broadway Street in Louisville at 2:00 a. m. on a night in August, were struck and severely injured by an automobile driven by the appellee Edward M. Zapp. In the appellants’ suit for damages against Zapp the jury found against them and judgment was entered dismissing their claims. The instant appeal is from that judgment.

Among numerous claims of error asserted by the appellants is the claim that the trial court erred in refusing a requested last clear chance instruction. It is our…