Mayfrey Mays, Administratrix of the Estate of Daniel Mays, Deceased v. Dealers Transit, Inc., Harold L. Flannery, Donald F. Scalise, and George Mays

PELL, Circuit Judge.

This is an appeal from a judgment in favor of the defendants following a jury verdict in diversity action in which the plaintiff sought to recover damages for the alleged wrongful death of her husband in a motor vehicle accident.

While there would seem to be substantial evidence supporting the verdict of the jury, the plaintiff contends that the district court committed reversible error in instructing the jury on contributory negligence and the doctrine of last clear chance.

The collision in question occurred on March 5, 1966, on a two lane highway, U.S. 41, in Indiana.…