Origen C. Hall v. National Supply Company and C. J. Overby and W. H. Bland, D/B/A Service Drilling Co.

CAMERON, Circuit Judge.

The main questions to be resolved by this appeal are whether, under the facts, the district court erred in refusing to present in its charge to the jury the doctrines of “last clear chance” and res ipsa loquitur as requested by appellant. Involved also is the question whether the trial court erred in admitting over objection evidence that appellant and National’s driver were drinking intoxicants pri- or to the accident and in granting leave to appellee Service to supplement its answer to charge such drinking in order to conform to the proof.

At the conclusion of all of…