Simms v. Webb

The opinion of the court was delivered by

Owsley, J.-.

This is an action to recover damages for injuries suffered in an automobile-pedestrian accident. The sole issue raised on appeal is whether the trial court erred by refusing to instruct the jury on the theory of last olear chance.

On January 6, 1972, plaintiff Grace A. Simms was walking in a northerly direction on the sidewalk abutting the west side of Adams Street in Hutchinson, Kansas. At the same time defendant Charles B. Webb was driving his 1951 Plymouth automobile southbound on Adams Street approaching the Fifth Street intersection.…